Legal Opinion

Tutt v. Ferguson

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 2 opinions

Error from, Wyandotte District Court. Injunction, brought by Pembroke S. Ferguson, James A. Cruise, John E. Zeitz, Isaiah Walker, Moses M. BrodvjeU, and Allison B. Bartlett, as plaintiffs, against Thomas E. Tutt, Dent G. Tutt, John F. Baker, Wilkins F. Wheatley, Thomas F. Thatcher, and Edmund Terry, as defendants, to enjoin the Tutts and Baker from collecting a judgment recovered by them against said Ferguson and his sureties in his official bond as sheriff of Wyandotte…

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Error from, Wyandotte District Court. Injunction, brought by Pembroke S. Ferguson, James A. Cruise, John E. Zeitz, Isaiah Walker, Moses M. BrodvjeU, and Allison B. Bartlett, as plaintiffs, against Thomas E. Tutt, Dent G. Tutt, John F. Baker, Wilkins F. Wheatley, Thomas F. Thatcher, and Edmund Terry, as defendants, to enjoin the Tutts and Baker from collecting a judgment recovered by them against said Ferguson and his sureties in his official bond as sheriff of Wyandotte county, at the June Term 1869, for $2,350 and costs. Said judgment was rendered against Ferguson and his sureties on the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

Portions of this litigation have been brought to -this court at least six times. Four cases have been reported, to-wit: Wheatley v. Tutt, 4 Kas., 195; Wheatley, et al., v. Tutt, 4 Kas., 240; Wheatley v. Terry, 6 Kas., 427; and Ferguson v. Tutt, 8 Kas., 378. One case was dismissed, to-wit, A. B. Bartlett v. Wheatley, et at.; and this is the sixth case. Other cases were litigated in the court below, which have not been brought to this court. In this opinion we shall mention such cases only as have some bearing upon *53the case now before us.…

2Cases cited8 opinions

  1. Mitchell v. MilhoanSupreme Court of Kansas · 1873
  2. Ferguson v. SmithSupreme Court of Kansas · 1872
  3. Ferguson v. TuttSupreme Court of Kansas · 1871
  4. Wheatley v. TuttSupreme Court of Kansas · 1867
  5. Wheatley v. TerrySupreme Court of Kansas · 1870

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Noble v. ButlerSupreme Court of Kansas · 1881
  2. Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884

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