Holderman v. Hood
Supreme Court of Kansas
Error from Lyon district court; Dennis Madden, judge. STATEMENT. This was an action sounding in tort, brought in May, 1901, by Elizabeth Holderman, plaintiff below, against Calvin Hood, George W. Newman, Isaac E. Lambert, R. T. Battey, W. Martindale, and the Excelsior Mill Company, defendants below.
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Error from Lyon district court; Dennis Madden, judge. STATEMENT. This was an action sounding in tort, brought in May, 1901, by Elizabeth Holderman, plaintiff below, against Calvin Hood, George W. Newman, Isaac E. Lambert, R. T. Battey, W. Martindale, and the Excelsior Mill Company, defendants below. Hood, Newman, Lambert and Battey demurred to the amended petition on two grounds, viz. : (1) That it did not-state facts sufficient to constitute a cause of action (2) that the several causes of action were improperly joined. The demurrer was sustained, and, plaintiff below electing to stand on…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
bound by the final decree. The claim that the rights of plaintiff below, Elizabeth Holderman, were concluded by the decree entered in the United States circuit court in the suit of Ford Harvey against R. T. Battey cannot be sustained, The general rule that strangers to a suit are not bound by the decree therein is not combated by counsel for defendants in error. They insist, however, that she was a party by representation; that when Morton *280Albaugh, receiver, and two other creditors interested in the trust came into the suit and were made…
2Cases cited4 opinions
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Smith v. . FrostNew York Court of Appeals · 1877
- Stevens v. BrooksWisconsin Supreme Court · 1868
3Cited by14 opinions
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Haese v. HeitzegCalifornia Supreme Court · 1911
- Benson v. BatteySupreme Court of Kansas · 1904
- Dalton v. Lawrence National BankSupreme Court of Kansas · 1950
- Holderman v. HoodSupreme Court of Kansas · 1908
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