Campbell v. Warner
Supreme Court of Kansas
Error from Saline District Court. Action originally brought by Campbell against Warner, before a justice of the peace of Saline county, on September 18, 1878. Plaintiff obtained an order of attachment in the action against the goods of the defendant, and thereafter the defendant obtained a change of venue on account of the alleged prejudice of the justice of the peace before whom the case was commenced. The action was then transferred to another justice of the county.
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Error from Saline District Court. Action originally brought by Campbell against Warner, before a justice of the peace of Saline county, on September 18, 1878. Plaintiff obtained an order of attachment in the action against the goods of the defendant, and thereafter the defendant obtained a change of venue on account of the alleged prejudice of the justice of the peace before whom the case was commenced. The action was then transferred to another justice of the county. On October 16, 1878, the defendant filed his affidavit denying the grounds laid in the affidavit for an attachment. On the 3d…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an attachment brought by Campbell against Warner. The affidavit charged the defendant with having assigned and disposed of and with be*605ing about to dispose of his property and a part thereof, with the intent to defraud, hinder and delay his creditors, and with having property and rights in action which he concealed. The defendant denied on oath the grounds laid for the attachment, and the justice after hearing the evidence produced by the parties on the issue thus formed decided that these grounds were not sustained by the…
2Cases cited1 opinion
- Avery v. EastesSupreme Court of Kansas · 1877
3Cited by4 opinions
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- Randall v. ShawSupreme Court of Kansas · 1882
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- Wilson v. LightbodySupreme Court of Kansas · 1883