McCartney v. Spencer
Supreme Court of Kansas
Error from Shawnee District Court. Action upon a promissory note, brought by McCartney against Spencer, as executor of the last will of Sarah E. Watterson. At the August Term, 1880, of the district court, the defendant obtained an order granting a new trial, which order the plaintiff brings to this court for review. The opinion states the facts.
1Opinion of the Court
'The opinion of the court was delivered by
Valentine, J.:
This was an action- commenced originally in the probate court on a promissory note, by John H. McCartney, the alleged payee of the note, against James M. Spencer, executor of the last will and testament of Sarah E. Watterson' deceased, who was the alleged maker of the note. The claim of the plaintiff was allowed in the probate court, and the defendant took an appeal to the district court. In the district court the case was tried before the court and a jury. The plaintiff introduced his evidence, which tended to prove the issues on his…
2Cases cited4 opinions
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3Cited by2 opinions
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