Legal Opinion

Kelsey, Roberson & Co. v. Harrison

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 5 opinions

Error from Montgomery District Court. Action by Kelsey and two others, partners as Kelsey, Roberson & Co., against Harrison, to recover upon a certain promissory note. At the beginning of the action, the plaintiffs obtained an order of attachment, which was levied upon the property of the defendant.

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Error from Montgomery District Court. Action by Kelsey and two others, partners as Kelsey, Roberson & Co., against Harrison, to recover upon a certain promissory note. At the beginning of the action, the plaintiffs obtained an order of attachment, which was levied upon the property of the defendant. At the September Term, 1882, the court sustained defendant’s motion for a dissolution of the attachment, and made an order accordingly; which ruling and order the plaintiffs bring here for review. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Hobton, C. J.:

On the 1st day of August, 1882, the plaintiffs commenced their action against the defendant to recover upon a certain promissory note, executed the 28th day of July, 1882, by the latter to the former, for the sum of $737.37, and bearing interest from date at the rate of ten per cent, per annum. At the commencement of the action, the plaintiffs obtained an attachment against the property of the defendant, and levied thereon. The affidavit for attachment contains three grounds, viz.: -(1) “ That the defendant is about to convert his…

2Cases cited1 opinion

  1. Randall v. ShawSupreme Court of Kansas · 1882

3Cited by5 opinions

  1. Smith v. SpencerSupreme Court of Oklahoma · 1899
  2. Franklin Sugar Refining Co. v. CollierSupreme Court of Iowa · 1893
  3. Maupin Warehouse Co. v. FlemingOregon Supreme Court · 1927
  4. Stein, Block & Co. v. HillMissouri Court of Appeals · 1903
  5. Hathaway, Soule & Harrington v. C. M. Henderson & Co.Supreme Court of Kansas · 1888

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