Brown v. Quinton
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This is an action to recover for legal services rendered in the courts of Missouri.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This is an action to recover for legal services rendered in the courts of Missouri. In their petition plaintiffs alleged that they were engaged in the practice of the law, and further alleged: ■ “That the said defendant, Mary K. Quinton, was on the 12th day of April, 1900, by the Honorable L. S. Dolman, probate judge of Shawnee county,. Kansas, duly appointed administratrix of the estate of L. B. Kendall, deceased, and thereafter, to. wit, on the 12th day of April, 1900, duly qualified and entered upon her duties as such…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The plaintiffs did not state a cause of action against the estate of L. B. Kendall, deceased. The debt for which the action .was brought was not one that accrued against the deceased in his lifetime, and was therefore not a legal demand against the estate. An administratrix may, of course, employ an attorney to assist her in the administration of the estate, or to prosecute or defend actions brought for or against the administratrix in her official capacity, but the obligation to pay for such services rests primarily upon the…
2Cases cited13 opinions
- Briggs v. BreenCalifornia Supreme Court · 1899
- Bennett v. . WhitneyNew York Court of Appeals · 1884
- Tucker v. GraceSupreme Court of Arkansas · 1895
- Belvin's Ex'ors v. FrenchSupreme Court of Virginia · 1887
- Rich v. SowlesSupreme Court of Vermont · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gow v. MauryMontana Supreme Court · 1923
- In Re Quinney's EstateMichigan Supreme Court · 1939
- Harris v. MorrisonSupreme Court of Kansas · 1917
- Milbourne v. KelleySupreme Court of Kansas · 1915
- Brown v. QuintonSupreme Court of Kansas · 1912
13 more not listed; retrieve them via the Exa API.