Casterline v. Day
Supreme Court of Kansas
Error from Harvey District Court. Replevin, brought by Casterline against Day, to recover the possession of a spotted-roan male calf, of the value of $15. Trial at the March Term, 1880, of the district court, when the defendant recovered a judgment against the plaintiff for costs. The plaintiff brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of replevin, originally commenced before a justice of the peace by plaintiff in error. In commencing the action, the plaintiff filed no bill of particulars, but simply an affidavit in replevin. The case was tried before the justice, both parties appearing without any objection on account of the want of a bill of particulars; and from the judgment there rendered the defendant appealed to *307the district court. Prior to the trial, witnesses were subpenaed and depositions taken by the defendant. On the 25th of March, 1880, the…
2Cases cited3 opinions
- Pierce v. ButtersSupreme Court of Arkansas · 1878
- Starr v. HinshawSupreme Court of Kansas · 1880
- Wands v. School District No. 71Supreme Court of Kansas · 1877
3Cited by2 opinions
- Ackerman v. C. C. Chapell Hardware Co.Supreme Court of Oklahoma · 1913
- Zimmerle v. FelzienSupreme Court of Kansas · 1926