Nickel v. Vogel

Citations

• 76 Kan. 625
• 92 P. 1105
• 1907 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrators — Appointment — Jurisdiction of Probate Court. The jurisdiction of a probate court in this state to appoint an administrator does not depend upon the existence of debts ijue from the estate, nor upon the existence of assets which can be legally applied to the payment of such debts.</p> <p>2. Limitation op Actions — Conflict of Laws. The statute of limitations of this state applies exclusively in all actions pending in the' courts of this state, except as otherwise provided by law.</p> <p>3. - Action against Non-residents. In an action on a promissory note the bill of particulars alleged in. substance that the note was made, executed and delivered at Atchison, Kan.' The note reads:</p> <p>“$189. Acton, Cal., December 18, 1895.</p> <p>“Six months after date we promise to pay to the order of Minnie Duehren one hundred eighty-nine dollars at her order, value received, with interest at 8 per cent, per annum from maturity until paid. R. E. Nickel, •</p> <p>Anna C. Nickel.”</p> <p>It was further alleged that the payee resided in Kansas at all times prior to her death, which occurred July 29, 1898. After receiving the note she married Nicholas Vogel, the plaintiff, who on May 7, 1904, was appointed administrator of her estate. The makers of the note were absent from the state of Kansas all the time after its delivery to the payee except for the period of about two weeks prior to the commencement of the action, which was begun June 25, 1904, by Nicholas Vogel, as administrator. Held, that a demurrer to the pleading was properly overruled.</p>