Sumner v. Cook
Supreme Court of Kansas
Error from, Franklin District Cowrt. Replevin, brought by Sumner, to recover the possession of “one American Organ,” a musical instrument, which plaintiff claimed as general owner. The property was replevied and delivered to the plaintiff. The defendants, C. B. Cook and H. B. Tucker, alleged ownership in themselves, and they demanded a return of the property. At the trial in the district court, at the March Term 1873, the jury found generally “for the defendants.”
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Error from, Franklin District Cowrt. Replevin, brought by Sumner, to recover the possession of “one American Organ,” a musical instrument, which plaintiff claimed as general owner. The property was replevied and delivered to the plaintiff. The defendants, C. B. Cook and H. B. Tucker, alleged ownership in themselves, and they demanded a return of the property. At the trial in the district court, at the March Term 1873, the jury found generally “for the defendants.” Judgment on the verdict, and Sumner brings the case here. The facts and proceedings upon which the questions here decided are…
1Opinion of the Court
*164The opinion of the court was delivered by
Brewer, J.:
1.Judgment in replevin.
2.Modifying judgment; motion.
Two questions are in this case. The action in the district court was one of replevin. The property had been delivered to the plaintiff. The verdict was for the defendants. The judgment entered was, that the defendants recover their costs. At the same term, on motion of defendants, the judgment was modified so as to include a return of the property. Upon the verdict the defendants were entitled to such a judgment. (Kayser v. Bauer, 5 Kas., 211.) A failure of the jury to find the value did…
2Cases cited3 opinions
- Marix v. FrankeSupreme Court of Kansas · 1872
- Kayser v. BauerSupreme Court of Kansas · 1869
- Plant v. McEwenSupreme Court of Connecticut · 1823
3Cited by7 opinions
- Frick v. ReynoldsSupreme Court of Oklahoma · 1898
- Wheeler v. JonesMontana Supreme Court · 1895
- Johnson v. ForemanIndiana Court of Appeals · 1900
- Scheble v. JordanSupreme Court of Kansas · 1883
- Kitchell v. HodgenSupreme Court of Kansas · 1908
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