Scroggs v. Tutt
Supreme Court of Kansas
M'ror from Wyandotte District Court. Action brought by Tutt and two others, as plaintiffs, upon the official bond of Margaret E. Scroggs, as administratrix -of the estate of James A. Cruise, deceased, against said administratrix and Jesse J. Keplinger and Nicholas McAlpine, .sureties on said bond, as defendants.
Read the full summary
M'ror from Wyandotte District Court. Action brought by Tutt and two others, as plaintiffs, upon the official bond of Margaret E. Scroggs, as administratrix -of the estate of James A. Cruise, deceased, against said administratrix and Jesse J. Keplinger and Nicholas McAlpine, .sureties on said bond, as defendants. The petition stated that said administratrix had refused to pay upon demand a balance alleged to be due upon a certain judgment recovered by ■.said. plaintiffs, Tutt and others, against the said Cruise in his lifetime, and which had been allowed and classified by the probate court as…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question presented for our consideration is, whether the mere filing with the probate court having the administration of an estate, of a certified transcript of a judgment rendered against the deceased in his lifetime, and the subsequent classification of the demand by said court, is a valid exhibition and establishment of the claim against the estate. In the absence of the notices named in sections 84 and 91 of the administrator’s act, (ch. 37, Gen. Stat. 449,) and the affidavit required by sec. 88 of the same chapter, and without…
2Cases cited1 opinion
- Bryan v. MundySupreme Court of Missouri · 1851
3Cited by2 opinions
- Scroggs v. TuttSupreme Court of Kansas · 1879
- Gunning v. Board of County CommissionersSupreme Court of Kansas · 1910