Thisler v. Miller
Supreme Court of Kansas
Error from Dickinson District Court. REPLEVIN by Thisler against Miller, as sheriff. Judgment for defendant. The plaintiff comes here. The opinion states the facts. 1. The court erred in holding that the matters in issue in this case were res adjudicata by reason of the judgment in the former case before the justice.
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Error from Dickinson District Court. REPLEVIN by Thisler against Miller, as sheriff. Judgment for defendant. The plaintiff comes here. The opinion states the facts. 1. The court erred in holding that the matters in issue in this case were res adjudicata by reason of the judgment in the former case before the justice. In order that an issue be adjudged res adjudicata, it must appear that the parties are identical, the cause of action identical, and the defense identical, and the causes of action in both cases must have existed at the time of the commencement of the first action. The action…
1Opinion of the Court
The opinion of the court was delivered by
JohNSTON, J.:
This was an action by Otis L. Thisler to
recover from J. J. Miller, then sheriff of Dickinson county, 31 head of cattle, which had been taken upon an execution as the property of M. D. Thisler, to satisfy a judgment which had been obtained against M. D. Thisler. The answer of Miller was that the action was barred, by reason of the fact that a portion of the animals which he had seized upon that execution were taken from him by Otis L. Thisler, in a replevin action brought before a justice of the peace, in which Otis L. Thisler was plaintiff…
2Cases cited6 opinions
- Herriter v. PorterCalifornia Supreme Court · 1863
- O'Neal v. BrownSupreme Court of Alabama · 1852
- Kaehler v. DobberpuhlWisconsin Supreme Court · 1884
- McCaffrey v. CarterMassachusetts Supreme Judicial Court · 1878
- Holderman v. JonesSupreme Court of Kansas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phillips Usa, Inc. v. Allflex Usa, Inc., and N.J. Phillips Pty., LimitedCourt of Appeals for the Tenth Circuit · 1996
- Price v. First National BankSupreme Court of Kansas · 1901
- State v. ZeilingerSupreme Court of Kansas · 1938
- Anderson v. AndersonSupreme Court of Kansas · 1942
- Naugle v. NaugleSupreme Court of Kansas · 1913
8 more not listed; retrieve them via the Exa API.