Berroth v. McElvain
Supreme Court of Kansas
Error from Wabaunsee District Court. On July 2, 1886, William Berroth commenced an action before a justice of tbe peace of Wabaunsee county against Joseph McElvain, in which action the plaintiff filed the following bill of particulars, (omitting title,) to wit: “ Said plaintiff states that the said defendant and the said plaintiff were, during the period of time from April 29, 1885, to August 13, 1885, partners as butchers, and doing as butchers a general partnership…
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Error from Wabaunsee District Court. On July 2, 1886, William Berroth commenced an action before a justice of tbe peace of Wabaunsee county against Joseph McElvain, in which action the plaintiff filed the following bill of particulars, (omitting title,) to wit: “ Said plaintiff states that the said defendant and the said plaintiff were, during the period of time from April 29, 1885, to August 13, 1885, partners as butchers, and doing as butchers a general partnership business under the firm-name and style of McElvain & Berroth. That the capital, interest and shares of the said parties,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
It is admitted in this case that both the justice of the peace and the district court had jurisdiction of the persons of both the plaintiff and the defendant, but it is claimed by the defendant that neither the justice of the peace nor the district court had jurisdiction of the subject-matter of the action. It is claimed by the defendant that this action is one in equity for an accounting between former partners and for a settlement of their partnership affairs, and that it is an action of which a justice of the peace cannot in any oase…
2Cases cited3 opinions
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Shuster v. FinanSupreme Court of Kansas · 1877
- Miller v. BogartSupreme Court of Kansas · 1877
3Cited by6 opinions
- Ohio Hydrate & Supply Co. v. H. W. Underhill Construction Co.Supreme Court of Kansas · 1935
- Armstrong v. Lowell H. Listrom & Co.Court of Appeals of Kansas · 1986
- Bartnett v. HullCalifornia Court of Appeal · 1912
- Bates v. FerrierCalifornia Court of Appeal · 1912
- Woodworth v. MaddoxSupreme Court of Kansas · 1924
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