Furrow v. Chapin
Supreme Court of Kansas
Error from, Nemaha District Court. Eeplevin, brought by Sally M. Chapin, against Furrow, to recover the possession of two horses. Fwrrow gave a bond, and retained possession of the property. Furrow’s answer was a general denial. Afterward Wm. P. McCuhhin petitioned for leave to be joined as a co-defendant, alleging that he was the real party in interest. He was so joined, by order of the court. His answer to plaintiff’s petition is set out in the opinion, infra.
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Error from, Nemaha District Court. Eeplevin, brought by Sally M. Chapin, against Furrow, to recover the possession of two horses. Fwrrow gave a bond, and retained possession of the property. Furrow’s answer was a general denial. Afterward Wm. P. McCuhhin petitioned for leave to be joined as a co-defendant, alleging that he was the real party in interest. He was so joined, by order of the court. His answer to plaintiff’s petition is set out in the opinion, infra. Trial at the April Term 1873 of the district court. Verdict and judgment for plaintiff for $225, and the defendants bring the case…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin. Full pleadings were filed in the court below, to-wit, a petition, an *111answer, and a reply. A trial was had before a jury upon the merits of the action. A verdict was rendered for the plaintiff below, defendant in error, and judgment was rendered accordingly. The defendants below now bring the case to this court and ask a reversal of said judgment. No affidavit for the order of replevin is copied into the record brought to this court. And the question is now raised for the first time, that no such affidavit…
2Cases cited5 opinions
- Simpson v. KimberlinSupreme Court of Kansas · 1874
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- Luke v. JohnnycakeSupreme Court of Kansas · 1872
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3Cited by20 opinions
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- Hunder Ex Rel. Hunder v. RindlaubNorth Dakota Supreme Court · 1931
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- Dickson v. RandalSupreme Court of Kansas · 1877
- Gunderson v. GundersonWashington Supreme Court · 1901
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