Ryan v. Williams
Supreme Court of Kansas
Error from Leavenworth District Court. At the April Term, 1882,- of the district court, James E. Williams, as administrator of the estate of Jacob McMurtry, deceased, recovered a judgment against defendant Matthew Ryan, who brings the case to this court. The facts appear in the opinion. The court erred in holding that Ryan was security for the estate of Theodore Jones. That estate, and every estate of a deceased person, is incapable of suing or being sued.
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Error from Leavenworth District Court. At the April Term, 1882,- of the district court, James E. Williams, as administrator of the estate of Jacob McMurtry, deceased, recovered a judgment against defendant Matthew Ryan, who brings the case to this court. The facts appear in the opinion. The court erred in holding that Ryan was security for the estate of Theodore Jones. That estate, and every estate of a deceased person, is incapable of suing or being sued. The estate is neither a person nor a corporation. The estate is the goods, chattels and property which were owned by the dead man. His…
1Opinion of the Court
*492The opinion of the court was delivered by-
Valentine, J.:
This action was originally commenced on June 24, 1875, in the district court of Leavenworth county, by H. T. Green, as administrator of the estate of Theodore Jones, deceased, against Jacob McMurtry, to recover $1,200, claimed to have been due from McMurtry to Jones at the time of the death of Jones. Judgment was rendered in the district court in favor of McMurtry and against Green, and Green took the case to the supreme court on petition in error. While the case was pending in the supreme court McMurtry died, and the action was revived…
2Cases cited3 opinions
- Riddel v. School District No. 72Supreme Court of Kansas · 1875
- Green v. WilliamsSupreme Court of Arkansas · 1878
- Rizer v. GillpatrickSupreme Court of Kansas · 1876
3Cited by7 opinions
- Vorhees v. BaltazarSupreme Court of Kansas · 2007
- McKenna v. J. S. Terry Const. Co.Supreme Court of Oklahoma · 1916
- Gram v. SampsonOhio Circuit Courts · 1890
- Gram v. SampsonClark Circuit Court · 1890
- Hickman v. C. H. Fargo & Co.Court of Appeals of Kansas · 1895
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