Gates v. Sanders
Supreme Court of Kansas
Error from Saline District Court. Gates and another as plaintiffs' had judgment against Zanders in a justices court, and appealed from such judgment in their own favor. An order of attachment issued when the suit was brought had been discharged, and the question here is, as to the effect of the appeal upon the attachment proceedings.
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Error from Saline District Court. Gates and another as plaintiffs' had judgment against Zanders in a justices court, and appealed from such judgment in their own favor. An order of attachment issued when the suit was brought had been discharged, and the question here is, as to the effect of the appeal upon the attachment proceedings. The district court, at the October Term 1873, held that the appeal did not bring up the order discharging the attachment; and the plaintiffs bring the case to this court for review. 1. The judgment of the justice discharging the attachment was such a final…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*4131. Appeals from justice. Order of attachment. *412Plaintiffs in error commenced an action against defendant in error before a justice of the peace, and at the same time sued out an order of attachment. There*413after, upon motion of the defendant and hearing, as provided for in § 53 of the justices act, the order of attachment was discharged by the justice, but a judgment was rendered in favor of the plaintiffs for the amount of their claim. From this judgment they appealed, and filed an ordiJ ° , . J . . . . 1 nary appeal bond, reciting the…
2Cases cited1 opinion
- Boston v. WrightSupreme Court of Kansas · 1865
3Cited by7 opinions
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- Chicago, Kansas & Western Railroad v. Abilene Town-Site Co.Supreme Court of Kansas · 1889
- Becker v. SteeleSupreme Court of Kansas · 1889
- N. B. Brown & Co. v. TuppenySupreme Court of Kansas · 1880
- Roll v. MurraySupreme Court of Kansas · 1886
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