McLaughlin v. Doane
Supreme Court of Kansas
Error from, Rice District Court. ActioN brought by Daniel McLaughlin and two others, partners as McLaughlin Bros., against George B. Doane, and Freeman Dennis, upon a promissory note executed in 1881, in Nova Scotia, for $4,000. The plaintiffs and defendant Freeman Dennis were residents of Nova Scotia, and they continue to reside there as subjects of Great Britain.
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Error from, Rice District Court. ActioN brought by Daniel McLaughlin and two others, partners as McLaughlin Bros., against George B. Doane, and Freeman Dennis, upon a promissory note executed in 1881, in Nova Scotia, for $4,000. The plaintiffs and defendant Freeman Dennis were residents of Nova Scotia, and they continue to reside there as subjects of Great Britain. After the execution of the note the defendant Doane became a resident of-Rice county, Kansas, where he continues to reside. The note becoming due and remaining unpaid, in 1882 an action was brought thereon in Nova Scotia against…
1Opinion of the Court
Opinion by
ClogstoN, C.:
This seems to us to be a novel proceeding. If the defendant in error is right in his answer, and the court properly overruled the plaintiffs’ demurrer, and properly sustained the demurrer to the plaintiffs’ reply, then the defendant would be relieved from his liability both as to *394the judgment, and the note, the subject of the judgment. When the defendant demurred to the plaintiffs’ petition on the judgment, and the court sustained the demurrer upon the ground that the court of Nova Scotia had no jurisdiction to render the judgment, and a judgment was rendered upon that…
2Cases cited3 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Aurora City v. WestSupreme Court of the United States · 1869
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
3Cited by9 opinions
- Bourke v. BourkeSupreme Court of Kansas · 1945
- Frye v. MileyWest Virginia Supreme Court · 1903
- Shelley v. Sentinel Life InsuranceSupreme Court of Kansas · 1937
- Stimec v. VerderberSupreme Court of Kansas · 1940
- Holderman v. HoodSupreme Court of Kansas · 1908
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