Dubbs v. Haworth

Citations

• 102 Kan. 603
• 171 P. 624
• 1918 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract op Employment — Findings Not Inconsistent. There is neither literal nor positive inconsistency between a -jury’s finding that services performed for an elderly woman, since deceased, were to be paid for “after she was through with her property,” and another finding of the jury that such payment was not to be made by a bequest in her will.</p> <p>2. Same- — Proof of Claim against ■ Estate— Sufficient Verification. Where, pursuant to a single contract, two persons jointly perform services for another person, since deceased, the affidavit of one of the persons performing the services is a sufficient verification or proof of claim to satisfy the statute (Gen. Stat. 1915, §§ 4572, 4573) relating to the presentation of demands against the estate of the deceased.</p> <p>3. Same — Proof of Claim — Objections to Affidavit Too Indefinite — Waiver. Where an affidavit in support of a proof of claim against an estate is lacking in some of the recitals required by the statute, but the defendant’s objection -to the affidavit was too obscure to apprise the probate and district courts of the specific nature of the defect, the defect will be deemed waived; and it is too late to raise a- specific objection to the verification for the first time , on appeal.</p> <p>4. Same — Proof of Claim — Amount Increased by Amendment. When parties who have jointly performed services for a person, since deceased, present their claim therefor against such person’s estate, and are required to itemize their claim, there is no impropriety in their amending their claim to show a list of services performed by them, in excess of the amount for which they demand payment, and they may rely for recovery of their limited demand upon the entire list of items which they were required to itemize and specify.</p> <p>5. Same — Claim against Estate — Statute of Limitations. Where two persons jointly performed services for another person, which services extended over a per