Nickel v. Vogel
Supreme Court of Kansas
Error from Atchison district court; Benjamin F. Hudson, judge. STATEMENT. On June 25, 1904, the defendant in error filed a bill of particulars in the city court of Atchison against the plaintiffs in error which reads: “The plaintiff, as such administrator, for his cause of action states: “(1) That on the 18th day of December, 1895, at Atchison, Kan., the defendants made, executed, and delivered to Minnie Duehren, who is designated in the note herein sued on as Minnie…
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Error from Atchison district court; Benjamin F. Hudson, judge. STATEMENT. On June 25, 1904, the defendant in error filed a bill of particulars in the city court of Atchison against the plaintiffs in error which reads: “The plaintiff, as such administrator, for his cause of action states: “(1) That on the 18th day of December, 1895, at Atchison, Kan., the defendants made, executed, and delivered to Minnie Duehren, who is designated in the note herein sued on as Minnie Duehren, their promissory note, a copy of which is hereto annexed, marked ‘Exhibit A,’ and made a part of this bill of…
1Opinion of the Court
*628The opinion of the court was delivered by
Graves, J.:
It is claimed by the plaintiffs in error that under the statutes relating to. executors and administrators an administrator can be appointed only when the intestate leaves property which is liable for the payment of existing and enforceable debts due from the estate; otherwise stated, that the law provides administrators solely for the purpose of enabling creditors to collect their claims against the estates of in-testates who' leave property which may be legally taken for that purpose. When all the debts due from the estate are barred by…
2Cases cited6 opinions
- Fowler v. MillerCalifornia Supreme Court · 1898
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
- Becraft v. LewisMissouri Court of Appeals · 1890
- Hoggett v. EmersonSupreme Court of Kansas · 1871
- Estate of Mallory v. Burlington & Missouri River RailroadSupreme Court of Kansas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wolf v. GillsSupreme Court of Oklahoma · 1923
- In Re Estate of BrasfieldSupreme Court of Kansas · 1950
- Green v. KensingerSupreme Court of Kansas · 1967
- Ekblad v. HansonSupreme Court of Kansas · 1911
- Leonard v. KleitzSupreme Court of Kansas · 1942
13 more not listed; retrieve them via the Exa API.