Legal Opinion

In re Beam

Court of Appeals of Kansas

Decided July 10, 1899No. 593PublishedCited by 1 opinion

Error from Harper district court, G. W. McKay, judge ; STATEMENT. The probate court of Harper county discharged appellant as administrator of the estate of Catherine Butler, deceased, to compromise certain actions brought by decedent to recover the value of certain property seized under writ of attachment.

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Error from Harper district court, G. W. McKay, judge ; STATEMENT. The probate court of Harper county discharged appellant as administrator of the estate of Catherine Butler, deceased, to compromise certain actions brought by decedent to recover the value of certain property seized under writ of attachment. Under the order to compromise, one T. A. Noftzger, attorney for the administrator and also attorney for the decedent in the suit compromised, collected the sum of $663.40. He retained out of the amount so received the sum of $300, claiming that such sum was due him for services rendered…

1Opinion of the Court

The opinion of the court was delivered by

Schoonover, J.:

The defendant heirs insist that no petition in error has been filed in the case in this court, and that, therefore, we are without jurisdiction to hear and determine the case. It is not denied that a paper purporting to be a petition in error has been filed, but it is urged that such paper is not a petition in error, because it does not contain the names of the parties, plaintiff and defendant.

The title of the petition in error is as follows :

“In the matter of the appeal of R. R. Beam, administrator of the estate of Catherine Butler,…

2Cases cited5 opinions

  1. In re JohnsonSupreme Court of Kansas · 1873
  2. Julian v. AbbottSupreme Court of Missouri · 1881
  3. Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840
  4. Christy v. McBrideIllinois Supreme Court · 1832
  5. In re LoweSupreme Court of Kansas · 1892

3Cited by1 opinion

  1. Wilson v. StephensonSupreme Court of Kansas · 1936

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