Kennedy v. Taylor
Supreme Court of Kansas
Ei'ror from Linn District Court. Action by Agnes H. Taylor, James W. Kennedy, and six others, as plaintiffs, against John T. Kennedy, as defendant. The action was to enforce a trust. All the parties, plaintiffs and defendant, are children and heirs-at-law of Alice Kennedy, deceased, relict of John Kennedy, who died in 1863. Said John and said Alice both died intestate.
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Ei'ror from Linn District Court. Action by Agnes H. Taylor, James W. Kennedy, and six others, as plaintiffs, against John T. Kennedy, as defendant. The action was to enforce a trust. All the parties, plaintiffs and defendant, are children and heirs-at-law of Alice Kennedy, deceased, relict of John Kennedy, who died in 1863. Said John and said Alice both died intestate. The district court, at November Term 1876, sustained a demurrer to plaintiffs’ petition, and defendant brings the case here. 1. The matters of fact pleaded in the petition do not •show John T. Kennedy to have been in 1866 the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
A demurrer' to the petition filed in this case in the district court was overruled, and from such ruling *560plaintiff in error brings this proceeding in error. The defendaüts in error object that this proceeding is premature, as no final judgment has yet been entered. They overlook the plain provision of the statute, which authorizes the -review in this court of a decision on a demurrer. (Gen. Stat., p.736, § 542 of civil code.) We are compelled therefore to examine the petition, to see whether it states a cause of action; and in this…
2Cases cited2 opinions
- Franklin v. ColleySupreme Court of Kansas · 1872
- Lyons v. BodenhamerSupreme Court of Kansas · 1871
3Cited by9 opinions
- Black v. BlackSupreme Court of Kansas · 1902
- Clester v. ClesterSupreme Court of Kansas · 1913
- Allbert v. AllbertSupreme Court of Kansas · 1938
- Howard v. HowardSupreme Court of Kansas · 1893
- Brown v. BrownSupreme Court of Kansas · 1901
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