Westenberger v. Wheaton
Supreme Court of Kansas
Error from Bowrbon District Oowrt. Replevin, brought by Westenberger, as plaintiff, against Wheaton, as defendant. The plaintiff made and filed the affidavit required by § 177 of the civil code, and upon giving the undertaking required by § 178 he obtained an order for the immediate delivery to him of the property described in his petition and affidavit. The order was executed by the coroner, and the property delivered to Westenberger.
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Error from Bowrbon District Oowrt. Replevin, brought by Westenberger, as plaintiff, against Wheaton, as defendant. The plaintiff made and filed the affidavit required by § 177 of the civil code, and upon giving the undertaking required by § 178 he obtained an order for the immediate delivery to him of the property described in his petition and affidavit. The order was executed by the coroner, and the property delivered to Westenberger. Wheaton answered that he was the sheriff of Pourbon county, etc., and that as such sheriff he had taken the property in question, and held and detained the…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
An execution was issued against the plaintiff in error, a discharged bankrupt, and was levied upon his goods. He thereupon brought an action of replevin for the property against the sheriff, and obtained the possession of the goods so levied on. The sheriff, defendant in error, filed an answer admitting the property to have belonged to plaintiff on the 10th of January, 1870, but that on that day he as sheriff of Bourbon county by virtue of the execution, which he sets out in full, levied on the goods, and by virtue of said levy he held…
Also in this document: Concurrence.
2Cases cited3 opinions
- Hudler v. . GoldenNew York Court of Appeals · 1867
- O'Reilly v. GoodNew York Supreme Court · 1864
- Carney v. DoyleWisconsin Supreme Court · 1861
3Cited by17 opinions
- Redinger v. JonesSupreme Court of Kansas · 1904
- Watson v. JacksonSupreme Court of Kansas · 1880
- Bailey v. BayneSupreme Court of Kansas · 1878
- Clemons v. WilsonSupreme Court of Kansas · 1940
- Hoisington v. ArmstrongSupreme Court of Kansas · 1879
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