Legal Opinion

Culp v. Mulvane

Supreme Court of Kansas

Decided January 10, 1903No. 12,881PublishedCited by 19 opinions

Error from Reno district court; M. P. Simpson, judge. STATEMENT. On October 5, 1898, the plaintiff in error, as plaintiff below, filed his petition in the district court of Reno county, Kansas, alleging that there was due him from the estate of R. R. Price, deceased, the sum of $12,887; that said claim had been duly presented to the probate court of Reno county, and, on the 17th day of June, 1897, allowed; that the said claim drew interest at the rate of ten per cent, per…

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Error from Reno district court; M. P. Simpson, judge. STATEMENT. On October 5, 1898, the plaintiff in error, as plaintiff below, filed his petition in the district court of Reno county, Kansas, alleging that there was due him from the estate of R. R. Price, deceased, the sum of $12,887; that said claim had been duly presented to the probate court of Reno county, and, on the 17th day of June, 1897, allowed; that the said claim drew interest at the rate of ten per cent, per annum, and that no part thereof had ever been paid. The plaintiff alleged further that the deceased R. R. Price in his…

1Opinion of the Court

The opinion of the court was delivered by

Cunningham, J. :

Large space is given in the brief and argument of the plaintiff in error to a discussion of the question of actual fraud on the part of the Mulvanes. We think, if the findings of the court are to be upheld, that all these questions have been settled and will not need our consideration, so that the first question we are called upon to consider is whether the court erred in refusing to submit the case for final consideration to the jury, and in treating the findings of the jury only as “advisory” and not as binding and conclusive upon the…

2Cases cited2 opinions

  1. Johnson v. . UnderhillNew York Court of Appeals · 1873
  2. Plumb v. Bank of EnterpriseSupreme Court of Kansas · 1892

3Cited by19 opinions

  1. Hunt v. EddySupreme Court of Kansas · 1939
  2. Chicago, Rock Island & Pacific Railway Co. v. WoodSupreme Court of Kansas · 1903
  3. Barnhouse v. DeweySupreme Court of Kansas · 1910
  4. Cole v. DrumSupreme Court of Kansas · 1921
  5. Abilene State Bank v. StrachanSupreme Court of Kansas · 1913

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