Sparks v. Sparks
Supreme Court of Kansas
Error from Barber District Oowrt. Action by William H. Sparks against Thomas L. Sparks, to recover money alleged to be due under certain contracts entered into by defendant with plaintiff’s assignor. Judgment for defendant. The plaintiff comes here. The opinion states the facts. The court erred in overruling the motion to quash the deposition of Daniel E. Wray. The notice to take said deposition did not specify the action or proceeding in which the deposition was to be used.
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Error from Barber District Oowrt. Action by William H. Sparks against Thomas L. Sparks, to recover money alleged to be due under certain contracts entered into by defendant with plaintiff’s assignor. Judgment for defendant. The plaintiff comes here. The opinion states the facts. The court erred in overruling the motion to quash the deposition of Daniel E. Wray. The notice to take said deposition did not specify the action or proceeding in which the deposition was to be used. The notice specifying the place at which the deposition was to be taken, as the office of “Dan. Ray,” was not a notice…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
William H. Sparks brought an action against Thomas L. Sparks, to recover the sum of $3,726.08, under two several contracts made between Richard M. Sparks and the defendant. The petition was in two counts, and in the first it was alleged that on October 24, 1885, Richard M. Sparks, who was the owner of the Elm creek ranch, consisting of 21 quarter sections, and which was stocked with cattle, sold an undivided two-thirds interest in the same to Thomas L. Sparks and John Briscoe. The amount to be paid by each of the parties was $6,726.08, and…
2Cases cited6 opinions
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Whiting v. . BarneyNew York Court of Appeals · 1864
- Rooks v. StateSupreme Court of Alabama · 1887
- DeWolf v. StraderIllinois Supreme Court · 1861
- Machette v. WanlessSupreme Court of Colorado · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fisher v. Mr. Harold's Hair Lab, Inc.Supreme Court of Kansas · 1974
- Ohlmann v. Clarkson Saw Mill Co.Supreme Court of Missouri · 1909
- Hutton v. HuttonSupreme Court of Kansas · 1959
- Kirchner v. SmithWest Virginia Supreme Court · 1907
- Bush v. BushSupreme Court of Oklahoma · 1930
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