Clary v. Smith
Supreme Court of Kansas
Error from Wilson District Court. Action by Smith, as .administrator. Trial at May Term 1876 of the district court. Findings and judgment for plaintiff, and against Clary and Ferguson, defendants. Defendants bring the case here on error. All necessary facts and proceedings are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This action was brought in the court below by A. E. Smith as the administrator of the estate of Jonathan Pierce, deceased, against Clary and Ferguson, plaintiffs in *84error, to recover on a promissory note of $352 given by them in the lifetime of said Pierce. The answer alleged that the note was executed on December 15th 1878, instead of its date, viz., December 15th 1878, as set forth in the petition; that the note was executed to take up a former note which fell due on December 15th 1872, and that the note sued on was paid in full to…
2Cited by5 opinions
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- Alexander v. RansomSouth Dakota Supreme Court · 1902
- Ward v. WardSupreme Court of Oklahoma · 1941
- Park v. EnsignCourt of Appeals of Kansas · 1901
- McCartney v. SpencerSupreme Court of Kansas · 1881