Roberts v. Tomlinson
Court of Appeals of Kansas
Error from Atchison district court; W. D. Webb, judge. STATEMENT. This action was instituted in the district court of Atchison county by Elizabeth Tomlinson, and Elizabeth Tomlinson as administratrix of the estate of B. F. Tomlinson, deceased, Lewis WT.
Read the full summary
Error from Atchison district court; W. D. Webb, judge. STATEMENT. This action was instituted in the district court of Atchison county by Elizabeth Tomlinson, and Elizabeth Tomlinson as administratrix of the estate of B. F. Tomlinson, deceased, Lewis WT. Nelson, and Mattie J. Nelson, against J. F. Kindrick, Harriet A. Kindrick, Edgar F. Williams, Mary E. Williams, and A. B. Roberts, for the cancelation of and perpetually to enjoin the defendants from transferring, negotiating, selling, disposing of or assigning two certain promissory notes alleged to have been procured from plaintiffs through…
1Opinion of the Court
The opinion of the court was delivered by
McElroy, J.:
The defendant A. B. Roberts, as plaintiff in error, presents his petition in error and case-made, alleging error in the proceedings of the trial court, first, in overruling his objection to the introduction of evidence. This contention is based upon the assumption that the plaintiffs’ reply states no defense as against the plaintiff in error’s answer and cross-petition, and therefore the objection to the introduction of evidence should have been sustained. The reply to the answer and cross-petition states facts sufficient to constitute a…
2Cases cited3 opinions
- Reville v. DubachSupreme Court of Kansas · 1899
- New Hampshire Banking Co. v. BallSupreme Court of Kansas · 1897
- New Hampshire Banking Co. v. BallSupreme Court of Kansas · 1898