Legal Opinion

Hubbard v. Alamo Irrigating & Manufacturing Co.

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 18 opinions

Error from Johnson District Court. This action was instituted by the Alamo Irrigating & Manufacturing Company against David Subbard, as administrator of the estate of George B. Lord, deceased, H. E. Hayes, Emma Lord, widow of George B. Lord, the Johnson County Bank, and John Webster, to recover $81,000 of bonds issued by the plaintiff, and the proceeds of $19,000 of such bonds sold by Lord in his lifetime. The case was tried by the court, and the facts were found specially.

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Error from Johnson District Court. This action was instituted by the Alamo Irrigating & Manufacturing Company against David Subbard, as administrator of the estate of George B. Lord, deceased, H. E. Hayes, Emma Lord, widow of George B. Lord, the Johnson County Bank, and John Webster, to recover $81,000 of bonds issued by the plaintiff, and the proceeds of $19,000 of such bonds sold by Lord in his lifetime. The case was tried by the court, and the facts were found specially. The special findings, so far as is necessary for an understanding of the questions presented, are as follows: “1. The…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

Numerous assignments of error are made in this case, and many questions are discussed in the briefs., 1. Trust ftinfls, cover — practice'

*6482i defendants1!8 *647I. The plaintiff in error, Hubbard, H. E. Hayes, individually and as former administrator of Lord's estate, the Johnson County Bank, which was owned entirely by Lord, and Emma Lord, his widow, were all joined as defendants. This, it is urged, was a misjoinder of parties. The defendant Hubbard moved to strike out those parts of the petition relating to other defendants, and also to require the…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Peak v. EllicottSupreme Court of Kansas · 1883
  2. Myers v. Board of EducationSupreme Court of Kansas · 1893
  3. In Re the Distribution of the Proceeds of the Estate of FoxNew York Court of Appeals · 1883

3Cited by18 opinions

  1. Bradley v. ChesebroughSupreme Court of Iowa · 1900
  2. State v. ThumIdaho Supreme Court · 1898
  3. Bessman v. BessmanSupreme Court of Kansas · 1974
  4. Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
  5. Arnold Investment Co. v. Citizens State BankSupreme Court of Kansas · 1916

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