William F. Dolan & Co. v. Topping
Supreme Court of Kansas
Fh'ror from Ness District Court. Attachment by Dolan & Co. against Peters and others. On the order overruling their motion to discharge a prior attachment levied on the same property at the suit of Topping, plaintiffs bring error. 1. The pretended order of attachment issued in the action was never served by the sheriff, nor by a deputy sheriff, nor by any undersheriff of said county, nor by any other person legally authorized to serve said pretended order of attachment.
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Fh'ror from Ness District Court. Attachment by Dolan & Co. against Peters and others. On the order overruling their motion to discharge a prior attachment levied on the same property at the suit of Topping, plaintiffs bring error. 1. The pretended order of attachment issued in the action was never served by the sheriff, nor by a deputy sheriff, nor by any undersheriff of said county, nor by any other person legally authorized to serve said pretended order of attachment. The sheriff neither appointed him nor knew of his appointment until after Cooper had pretended to act, and never ratified…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This proceeding involves the question whether a person appointed as special sheriff by the clerk of the district court in a certain case, upon the mere statement by the plaintiff that he had looked with diligence but in vain to find the sheriff or his deputy to serve the process, may legally serve an order of attachment. J. W. Topping began an action in the district court of Ness county against M. L. Peters, and procured the issuance of an order of attachment, which was directed to I.' C. Cooper, as special sheriff. The following statement…
2Cases cited2 opinions
- Long v. MurphySupreme Court of Kansas · 1882
- Bierce v. PierceOhio Supreme Court · 1846
3Cited by6 opinions
- Ballew v. YoungSupreme Court of Oklahoma · 1909
- Skinner v. Board of County CommissionersSupreme Court of Kansas · 1901
- Standard Implement Co. v. Lansing Wagon WorksSupreme Court of Kansas · 1897
- Doherty v. KalmbachCourt of Appeals for the D.C. Circuit · 1936
- Symns Grocer Co. v. LeeCourt of Appeals of Kansas · 1899
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