Board Com'rs Jefferson Co. v. Swain
Supreme Court of Kansas
Error from Jefferson Gouniy. This action was brought by the plaintiffs in error against the defendant in error, and one Graham, upon a 'joint contract to construct a county building, Graham ' being a resident and the defendant in error a non-resident of the state. An affidavit was filed for an attachment against the non-resident, and under an attachment issued thereon, the joint property of the two was taken.
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Error from Jefferson Gouniy. This action was brought by the plaintiffs in error against the defendant in error, and one Graham, upon a 'joint contract to construct a county building, Graham ' being a resident and the defendant in error a non-resident of the state. An affidavit was filed for an attachment against the non-resident, and under an attachment issued thereon, the joint property of the two was taken. No service of summons was had upon Graham, nor did he appear in the case. On motion, the court below dissolved the attachment, to review which order the case is brought to this court. I.…
1Opinion of the Court
By the Court,
Safford, J.
A single question is presented by the record in this case, which requires the consideration of this court, and its decision involves a construction of one of the provisions of our statute relating to attachments. This question may be stated thus: "Where one of two contractors is a non-resident of the state, and the other a resident, *382can an attachment be sued out and maintained against such non-resident ?
At first sight it would seem to be a matter of no little difficulty, to arrive at a proper solution of this inquiry; but when we examine it, in the light of the…
2Cited by3 opinions
- Andrews v. MundyWest Virginia Supreme Court · 1892
- Gerson v. HansonSupreme Court of Kansas · 1886
- Williams v. MuthersbaughSupreme Court of Kansas · 1883