Harris v. Calvert
Court of Appeals of Kansas
Memorandum.— Error from Johnson district court; John T. Burris, judge. Action in the probate court by John W. Calvert against John P. Harris, as- executor of the estate of John Fulcher, deceased. Judgment for plaintiff, and defendant appealed to the district court. Judgment for plaintiff. Defendant brings the case to this court.
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Memorandum.— Error from Johnson district court; John T. Burris, judge. Action in the probate court by John W. Calvert against John P. Harris, as- executor of the estate of John Fulcher, deceased. Judgment for plaintiff, and defendant appealed to the district court. Judgment for plaintiff. Defendant brings the case to this court. The statement of the case, as made by Gilkeson, P. J., is as follows : This action was originally commenced in the probate court of Johnson county by John W. Calvert, who, on the 1st day of December, 1890, filed his petition for a citation to issue to said John P.…
1Opinion of the Court
The opinion of the court was delivered by
Giltceson, P. J. :
Two questions are presented for our consideration in this case : First. Had the probate court jurisdiction to cite the defendant below to make settlement of the accounts of his testator as guardian ? Second. Is the action barred by the statute of limitations? The first we must answer in the negative, and the second in the affirmative.
The constitutional and statutory provisions in reference to the jurisdiction and power of probate courts and the statutes of Kansas governing guardians and wards are unlike those of most of the other…
2Cases cited16 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- In re AllgierCalifornia Supreme Court · 1884
- Klemp v. WinterSupreme Court of Kansas · 1880
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3Cited by4 opinions
- Rullman v. RullmanSupreme Court of Kansas · 1910
- Goble v. SimeralNebraska Supreme Court · 1903
- Berkin v. MarshMontana Supreme Court · 1896
- Wickham v. SpragueWashington Supreme Court · 1898