Legal Opinion

Young v. Ledrick

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 7 opinions

Error from Morris District Court. Young and two others as partners obtained judgment against Ledrick & Simcoak, the defendants in error, at the April Term 1872 of the district court of Morris county, and afterward, proper cause being shown, instituted proceedings in aid of execution before the probate judge of Morris county under §§ 482 to 504 of the civil code.

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Error from Morris District Court. Young and two others as partners obtained judgment against Ledrick & Simcoak, the defendants in error, at the April Term 1872 of the district court of Morris county, and afterward, proper cause being shown, instituted proceedings in aid of execution before the probate judge of Morris county under §§ 482 to 504 of the civil code. After full examination, said probate judge made an order appointing E. P. Nichols receiver, (who thereupon duly qualified,) and directing E. Ledrick and G. W. Munkers to deliver to such receiver certain notes and accounts found in…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The only question in this case is: Are the provisions of the statute entitled, “Proceedings in Aid of Execution,” and found on pages 724, 725, 726, 727, and 728 of the General Statutes of the State of Kansas, constitutional and valid in so far as they attempt or purport to confer upon the probate judge power, authority or jurisdiction to issue the process, entertain such proceedings, make'the orders, and punish their disobedience, as is provided for in the sections *100of the statutes found on the pages above mentioned ? Can a probate judge be…

2Cases cited2 opinions

  1. In re JohnsonSupreme Court of Kansas · 1873
  2. Hayner v. . JamesNew York Court of Appeals · 1858

3Cited by7 opinions

  1. Finerty v. WilliamsSupreme Court of Oklahoma · 1921
  2. Honce v. SchramSupreme Court of Kansas · 1906
  3. State v. MajorsSupreme Court of Kansas · 1876
  4. Board of Commissioners v. CollinsSupreme Court of Kansas · 1891
  5. State ex rel. Baird v. AndersonSupreme Court of Kansas · 1923

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