Anthony v. Stinson
Supreme Court of Kansas
Error from Leavenworth County. A statement of the condition of the pleadings in this case may be found in,the subjoined opinion. On the trial, Theodore A. Hurd, one of the plaintiffs, was offered as a witness on their part; the defendant objected to his being sworn, on the ground that he was a joint party with the administratrix of a deceased person — the defendant being excluded from testifying in the case.
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Error from Leavenworth County. A statement of the condition of the pleadings in this case may be found in,the subjoined opinion. On the trial, Theodore A. Hurd, one of the plaintiffs, was offered as a witness on their part; the defendant objected to his being sworn, on the ground that he was a joint party with the administratrix of a deceased person — the defendant being excluded from testifying in the case. The objection was overruled, and he was sworn, and the defendant excepted. The plaintiffs offered to prove by Hurd, the employment of Stinson & Hurd by the defendant, the services…
1Opinion of the Court
By the Court,
Bailey, J.
This was an action originally brought in the district. court of Leavenworth county,1by LucretiaB. Stinson, as 'administratrix of her late husband, Samuel A. Stinson, and Theodore A. Hurd, surviving partner of said Stin*218son, to recover the snm of $1,610 from the defendant, for certain professional services as lawyers.
The answer of defendant set np: 1. A denial of every allegation in plaintiffs’ petition, except as to death of Stinson, appointment of his widow as administratrix, and the existence of partnership between Stinson and Hurd. 2. That said firm of Stinson & Hurd…
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