Humbarger v. Humbarger

Citations

• 72 Kan. 412
• 83 P. 1095
• 1905 Kan. LEXIS 364

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Probate Court — Bill of Exceptions. Probate courts have authority to settle and sign bills of exceptions.</p> <p>2. Practice, Supreme Court — Evidence and Rulings Attached to the Bill — Identification. To preserve the evidence and rulings thereon they should be made a part of a bill of exceptions, and where the bill itself recites that certain evidence and rulings are attached to, and made a part of, the bill of exceptions, and they are so plainly identified that no doubt can arise but that they were settled by the court as a part of the bill of exceptions, they may be so considered.</p> <p>3. - Date of Proceedings — Construction of Record. From a statement in the record that the hearing began on a certain date, where each successive step in the case, including the settling and signing of the bill of exceptions, is introduced by the term “thereupon,” without naming any other date, it will be inferred that one step followed another without delay and that all occurred on the date, named in the entry.</p> <p>4. Practice, Probate Court — Concealment—Discovery—Scope of Proceeding. The summary proceeding in the probate court, under section 3002 of the General Statutes of 1901, for the discovery and to compel the delivery of property or effects of an estate suspected of having been concealed, embezzled, or conveyed away, is not a proper remedy to enforce the payment of a debt to an estate or to try contested rights to property as between the representative of the estate and others.</p> <p>5. - Concealment Not Being Shown, Proceeding Properly Discontinued. In a hearing upon a charge that a person who had given a promissory note, an asset of an estate, was concealing it, where it was developed that there was in fact no concealment of the note, and it was then proposed to extend the inquiry as to his liability upon the note, the court was justified in closing the investigation and discontinuing the proceeding.</p>