Miami County National Bank v. Barkalow
Supreme Court of Kansas
Error from, Miami Eistriet Court. ACTION in replevin by the Banh against Barhalow, as sheriff. At the February term, 1890, there was a judgment for defendant, and plaintiff comes to this court. The opinion states the material facts.
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Error from, Miami Eistriet Court. ACTION in replevin by the Banh against Barhalow, as sheriff. At the February term, 1890, there was a judgment for defendant, and plaintiff comes to this court. The opinion states the material facts. The fact of a misjoinder of parties, if a misjoinder, was disclosed by the petition, and the defendant should, if he desired to raise the question, have raised it by motion or answer. or have challenged the sufficiency of the petition before plaintiff introduced any testimony. Having failed to do so, he waived the defect, if such there was. Hurd v. Simpson, 47…
1Opinion of the Court
*72The opinion of the court was delivered by
•JOHNSTON, J.:
This was a controversy regarding the validity of a mortgage and transfer of a stock of groceries, made by J. H. Carroll & Co. to the Miami County National Bank, of Paola. The mortgage was executed to secure an actual indebtedness of the firm to the bank of about $300, and also a claim of $2,700 which the bank held against Frank S. Carrol], who was not a member of the firm of J. H. Carroll & Co. Immediately after the execution of the mortgage, the bank took possession of the stock of goods. They were subsequently seized by George D.…
2Cases cited4 opinions
- Wallach v. WylieSupreme Court of Kansas · 1882
- Hoisington v. BrakeySupreme Court of Kansas · 1884
- Holmberg v. DeanSupreme Court of Arkansas · 1878
- Stapleton v. OrrSupreme Court of Kansas · 1890
3Cited by6 opinions
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
- Herring v. WigginsSupreme Court of Oklahoma · 1898
- Rodgers v. CrumSupreme Court of Kansas · 1950
- Starr v. CookSupreme Court of Kansas · 1928
- Peterson v. MohammedWashington Supreme Court · 1920
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