Manley v. Park
Supreme Court of Kansas
Error from Atcbison district court; W. T. Bland, judge. In banc. STATEMENT. In November, 1895, an action was commenced by the defendant in error against Wm. H. Risk, as executor of the last will of George Manley, deceased. The action was founded on certain debentures issued by the Kansas Trust and Banking Company, of which the decedent was a stockholder.
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Error from Atcbison district court; W. T. Bland, judge. In banc. STATEMENT. In November, 1895, an action was commenced by the defendant in error against Wm. H. Risk, as executor of the last will of George Manley, deceased. The action was founded on certain debentures issued by the Kansas Trust and Banking Company, of which the decedent was a stockholder. The petition alleged that said company was an insolvent Kansas corporation, organized to loan money, which had suspended business for more than one year; that Manley was a resident of Union county, New Jersey, at the time of his decease ;…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J.:
Although several assignments of error were made herein and argued at great length by the learned counsel for the plaintiff in error, the one question necessary for us to consider, in the present status of this case, is, Was the judgment of December 13, 1897, absolutely void? If it was null and void, it could properly be attacked by the motions, the overruling of which constitutes the grievance now complained of, and, if not, it stands as a final determination of all the matters in controversy in the action in which it was rendered, and as to…
2Cases cited23 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
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- Hunt v. . HuntNew York Court of Appeals · 1878
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- Arndt v. GriggsSupreme Court of the United States · 1890
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- State v. PhelpsArizona Supreme Court · 1948
- Manley v. MayerSupreme Court of Kansas · 1904
- First National Bank v. SchrubenSupreme Court of Kansas · 1928
- Board of County Commissioners v. Equitable Investment Trust Co.Supreme Court of Kansas · 1909
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