Case v. Huey
Supreme Court of Kansas
Error from Cowley District Court. At the December Term, 1880, of the district court, the defendant Huey, as administrator of the estate of Albert Chamberlain, deceased, had judgment against plaintiff Case, who brings the case here. The opinion states the facts. 1. The notice to take depositions was sufficient as to form. The administrator relied upon that peculiar provision of Comp.
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Error from Cowley District Court. At the December Term, 1880, of the district court, the defendant Huey, as administrator of the estate of Albert Chamberlain, deceased, had judgment against plaintiff Case, who brings the case here. The opinion states the facts. 1. The notice to take depositions was sufficient as to form. The administrator relied upon that peculiar provision of Comp. Laws 1879, p. 421, § 95, which contains no negative words, while plaintiff relied upon §§ 346, 347 and 352 of the code, which allows depositions to be taken. 2. The evidence offered by plaintiff was admissible…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was originally commenced in the probate court of Cowley county, by William Case against J. L. Huey, administrator of the estate of Albert Chamberlain, deceased, on a judgment rendered by a justice of the peace in Wisconsin in favor of the plaintiff, William Case, and against the said Albert Chamberlain, in his lifetime. While the action was pending in the probate court, the plaintiff gave notice to the administrator, under §§346, 347 and 352 of the civil code, that he would take depositions of sundry witnesses in the state of…
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