Donifelser v. Heyl
Court of Appeals of Kansas
Error from Lyon district court; Charles R. Graves, judge. Attachment action in the district court of Lyon county by William Donifelser, as executor of the es-' tate of Frederick Donifelser, deceased, against Catharine C. Heyl, as executrix of the estate of Michael Heyl, deceased, upon a promissory note executed by decedent and defendant. Service by publication, both parties being residents of the state of Illinois.
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Error from Lyon district court; Charles R. Graves, judge. Attachment action in the district court of Lyon county by William Donifelser, as executor of the es-' tate of Frederick Donifelser, deceased, against Catharine C. Heyl, as executrix of the estate of Michael Heyl, deceased, upon a promissory note executed by decedent and defendant. Service by publication, both parties being residents of the state of Illinois. The writ of attachment was levied on a tract of land belonging to the Heyl estate and situate in Lyon county. In due time judgment for the amount claimed was-rendered, the…
1Opinion of the Court
The opinion of the court was delivered by
Milton, J. :
Two alleged errors are discussed in the brief of counsel for plaintiff in error. The first relates to the action of the court in opening the original judgment and allowing the defendant to plead to the petition. No exceptions appear to have been taken to the ruling of the court in that regard; hence the question need not be considered.
The other matter complained of is the vacation of the attachment proceedings and the former judgment. It is contended by counsel for defendant that ujion the death of Michael Heyl his real property descended…
2Cases cited4 opinions
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Denny v. FaulknerSupreme Court of Kansas · 1879
- Britton v. HuntSupreme Court of Kansas · 1872
- Cady v. BardSupreme Court of Arkansas · 1879
3Cited by7 opinions
- Estate of Nye v. First National BankIndiana Court of Appeals · 1973
- Manley v. ParkSupreme Court of Kansas · 1901
- Wells, Administrator v. RossSupreme Court of Kansas · 1970
- Rost v. HeykaSupreme Court of Kansas · 1931
- Publishing House of Evangelical Ass'n v. HeylSupreme Court of Kansas · 1900
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