Klemp v. Winter
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Augusta Ktemp against Charles F. Winter, her former guardian, and the surety on said guardian’s bond, to recover money wrongfully detained from her under circumstances which are fully stated in the opinion herein. Trial at the May Term, 1879, of the district court, and judgment for defendants. The plaintiff brings the case here.
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Error from Leavenworth District Court. Action brought by Augusta Ktemp against Charles F. Winter, her former guardian, and the surety on said guardian’s bond, to recover money wrongfully detained from her under circumstances which are fully stated in the opinion herein. Trial at the May Term, 1879, of the district court, and judgment for defendants. The plaintiff brings the case here. The district court had jurisdiction (equitable) to hear and try said ease, because of the fraud both as to obtaining the orders of the probate court and said settlement agreement. (17 Kas.47; 7 Wall. 425; 9 Mo.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was commenced on June 6, 1878,by Augusta Klempagainst Charles F.Winter, her former guardian, and Fred. Wulfekuhler, surety on the guardian’s bond, for money wrongfully detained from her under circumstances hereinafter stated. The facts of the case, as set forth in the plaintiff’s amended petition, are substantially as follows:
The plaintiff, whose maiden name was Augusta Schilling, was born July 4, 1859. In 1861, her father died, and in 1862, her mother died, leaving her a fatherless and motherless orphan. On February 3, 1864,…
2Cases cited14 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- Musick v. BeebeSupreme Court of Kansas · 1876
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3Cited by26 opinions
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