Wm. W. Kendall Boot & Shoe Co. v. August
Supreme Court of Kansas
Error from Atchison District Court. Proceedings in attachment by the Boot and Shoe Company and others against August and another. There was an order discharging an attachment, and plaintiffs bring error. 1. No affidavit denying the grounds of attachment was made or filed by Jacob August, or by the defendant, or by anyone for the defendant. Until an affidavit denying the grounds of the plaintiff’s affidavit for attachment was made or filed, there was no issue to try.
Read the full summary
Error from Atchison District Court. Proceedings in attachment by the Boot and Shoe Company and others against August and another. There was an order discharging an attachment, and plaintiffs bring error. 1. No affidavit denying the grounds of attachment was made or filed by Jacob August, or by the defendant, or by anyone for the defendant. Until an affidavit denying the grounds of the plaintiff’s affidavit for attachment was made or filed, there was no issue to try. The filing of this affidavit by the defendant, or some one on his behalf, is imperative. 1 Wade, Attach., ch. 20, §§276 et seq.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
For several years prior to January 1, 1890, Eli J. August was engaged in the sale of boots and shoes at Atchison, and to quite an extent on borrowed capital. He had two business houses, which are spoken of as the “uptown” and “down-town” stores. In December, 1889, he became financially embarrassed, and unable to meet the accruing claims of creditors. On December 30, 1889, he sold and delivered to his father, Jacob August, his uptown store, to satisfy certain claims which his father held against him: and on January 1, 1890, he executed two…
2Cases cited3 opinions
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Long v. MurphySupreme Court of Kansas · 1882
- McPike v. AtwellSupreme Court of Kansas · 1885
3Cited by3 opinions
- Ballew v. YoungSupreme Court of Oklahoma · 1909
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
- R. L. McDonald & Co. v. Symns Grocer Co.Supreme Court of Kansas · 1902