Marix v. Franke
Supreme Court of Kansas
Error from Leavenworth District Court. Action upon an undertaking given by defendants as sureties in an action of replevin. The undertaking, and the facts in the case, arc 'set forth in the opinion. The action was tried at the February Term 1871, and judgment was given in favor of the defendants. New trial refused, and plaintiff brings the case here on error. 1. The court erred in refusing to permit the plaintiff to introduce any evidence.
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Error from Leavenworth District Court. Action upon an undertaking given by defendants as sureties in an action of replevin. The undertaking, and the facts in the case, arc 'set forth in the opinion. The action was tried at the February Term 1871, and judgment was given in favor of the defendants. New trial refused, and plaintiff brings the case here on error. 1. The court erred in refusing to permit the plaintiff to introduce any evidence. The petition stated a good cause of action. The action was against the two persons who became sureties of a defendant in an action of replevin, and it is…
1Opinion of the Court
The opinion of the court Avas delivered by
Brewer, J.:
Plaintiff brought an action of replevin against John Sehott, claiming to be the owner and entitled to *135the possession of certain personal property. Under § 182 of the civil code Schott gave an undertaking and obtained the property. Such undertaking was as follows:
[Title.] “We, Charles Eranlce and Henry Franke, bind ourselves to the plaintiff, Martin M. Marix, in the sum of six hundred and twenty-three dollars, that the defendant, John Schott, will deliver the said property in controversy in this suit to the plaintiff, if such delivery be…
2Cases cited8 opinions
- Hall v. SmithSupreme Court of Iowa · 1859
- Hall v. JennessSupreme Court of Kansas · 1870
- Whitney v. LehmerIndiana Supreme Court · 1866
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
- Kayser v. BauerSupreme Court of Kansas · 1869
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3Cited by13 opinions
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- State v. FurbeckSupreme Court of Kansas · 1883
- Manning v. ManningSupreme Court of Kansas · 1881
- Citizens' State Bank v. MorseSupreme Court of Kansas · 1899
- McVey v. BurnsSupreme Court of Kansas · 1875
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