Legal Opinion

Cooper v. Armstrong

Supreme Court of Kansas

Decided July 15, 1865PublishedCited by 8 opinions

Error from Wyandotte Comity. This action was originally brought by the plaintiff in error, in the probate court,' to recover money received by George Clark in his lifetime, as guardian of a Wyandotte Indian named Joseph Arms. The plaintiff in error was appointed administrator of Arms, deceased, and defendants in error, Armstrong and Walker, Were appointed administrators of Clark.

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Error from Wyandotte Comity. This action was originally brought by the plaintiff in error, in the probate court,' to recover money received by George Clark in his lifetime, as guardian of a Wyandotte Indian named Joseph Arms. The plaintiff in error was appointed administrator of Arms, deceased, and defendants in error, Armstrong and Walker, Were appointed administrators of Clark. Oh the trial of this cause in the court below,- the plaintiff in error, who was also the plaintiff below, offered in evidence what purported to be a copy from the books of the Wyandotte Council of Indians,…

1Opinion of the Court

By the Court,

Safford, J.

The foregoing testimony comprises all that was before the court touching the matter of the statement sought to be introduced. The defendant objected to the said statement being received in evidence, and the court rejected it, to which ruling the defendant excepted. We think that the court was right, admitting for the sake of argument, that the book in which the statement was to be found was of the class of public writings which are denominated, in law, official registers. It follows that, if produced, it would have been good evidence, and any official statement therein…

2Cited by8 opinions

  1. Sykes v. BeckNorth Dakota Supreme Court · 1903
  2. State v. SchaefferSupreme Court of Kansas · 1906
  3. State v. PendletonSupreme Court of Kansas · 1903
  4. Carnahan v. GustineSupreme Court of Oklahoma · 1894
  5. Smith v. GillSupreme Court of Kansas · 1872

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