Arnott v. Kansas Pacific Rly. Co.
Supreme Court of Kansas
Error from, Shawnee District Court. Replevin, brought by the Railway Company, to recover possession of* “a specific mass of railroad iron in bars and flats, amounting in weight to about three hundred tons.” The material facts are stated in the opinion, infra. Trial at the December Term' 1874 of the district court.
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Error from, Shawnee District Court. Replevin, brought by the Railway Company, to recover possession of* “a specific mass of railroad iron in bars and flats, amounting in weight to about three hundred tons.” The material facts are stated in the opinion, infra. Trial at the December Term' 1874 of the district court. The following are the instructions given by the court to the jury; “1. This is an action of replevin, in which the plaintiff seeks to recover the possession of a lot of iron described’ in the petition, alleging that at the commencement of this action it was the owner of said iron…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The following is a general statement of the facts in this case: In August and September 1874, the plaintiffs in error, who were constables of Shawnee county, held several executions issued by justices of the peace of said county on judgments against the Topeka Rolling-Mill Company, a corporation doing business in North Topeka. The executions amounted in all to $2,508.37; and certain iron, being in possession of the rolling-mill company, the constables levied upon it as the property of this company, to satisfy their executions. The iron…
2Cases cited4 opinions
- Foster v. . PettiboneNew York Court of Appeals · 1852
- Pulcifer v. PageSupreme Judicial Court of Maine · 1851
- Goddard v. . the Merchants' BankNew York Court of Appeals · 1850
- Slaughter v. GreenSupreme Court of Virginia · 1821
3Cited by4 opinions
- Ferry & Co. v. ForquerMontana Supreme Court · 1921
- Atchison, Topeka & Santa Fe Railway Co. v. SchriverSupreme Court of Kansas · 1906
- Schoonover v. Igleheart Bros.Supreme Court of Kansas · 1947
- Jewett v. DringerSupreme Court of New Jersey · 1878