Legal Opinion

Carney v. Havens

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 12 opinions

Error from, Leavenworth Eistriot Court. Action brought by 'Havens, as administrator of the estate of Elijah C. Stevens, deceased, against Thomas Carney and Thomas C. Stevens, as partners, for work and labor done by the decedent, and for moneys by him deposited with the defendants. Trial at the September Term, 1875, of the district court, and judgment for the plaintiff. Carney brings the ease to this court. The facts appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action by Havens, as administrator of the estate of Elijah C. Stevens, deceased, against Thomas Carney and Thomas C. Stevens, as partners. The petition contained two causes of action — the first, for work and labor done by the deceased; the second, for moneys deposited by him. Stevens made default, but Carney filed an answer and contested the action, and, judgment having been rendered against him, now brings the case here. By consent, the cause was referred to a referee, to report on all the issues of fact and law. The referee…

2Cases cited2 opinions

  1. Littler v. SmileyIndiana Supreme Court · 1857
  2. Green v. GobleSupreme Court of Kansas · 1871

3Cited by12 opinions

  1. In Re Estate of BiegeSupreme Court of Kansas · 1958
  2. Spencer v. SowersSupreme Court of Kansas · 1925
  3. International Ass'n of Firefighters Local 1596 v. City of LawrenceCourt of Appeals of Kansas · 1990
  4. Aiken v. NogleSupreme Court of Kansas · 1891
  5. Bailey v. Fredonia Gas Co.Supreme Court of Kansas · 1910

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