Jones v. Franks
Supreme Court of Kansas
Error from Shawnee District Court. ActioN by E. D. Jones, against JET. B. Franks, Hattie B. Franks (now Foster), and Mary E. Franks, commenced March 12, 1883, in the nature of a bill to redeem a chattel mortgage and two bills of sale alleged to have been intended to operate as chattel mortgages, and for an accounting, and an injunction against the disposition of the property which had been taken possession of by the defendants, pending .the litigation.
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Error from Shawnee District Court. ActioN by E. D. Jones, against JET. B. Franks, Hattie B. Franks (now Foster), and Mary E. Franks, commenced March 12, 1883, in the nature of a bill to redeem a chattel mortgage and two bills of sale alleged to have been intended to operate as chattel mortgages, and for an accounting, and an injunction against the disposition of the property which had been taken possession of by the defendants, pending .the litigation. The original petition was against H. B. Pranks and Hattie B. Pranks. Mary E. Franks was brought in by a supplemental petition. At the August…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
After the referee filed his report with the bill of exceptions of plaintiff, containing all the evidence, the plaintiff moved for a new trial, challenging the findings of fact and conclusions 'of law. Thereon the court decided that the seventh fiuding of fact in the report of the referee was not sustained by any evidence whatever, but was contrary thereto. The court also found that the fifth finding of fact was not supported by any evidence. It refused, however, to set aside the report of the referee, or grant a new trial, but confirmed…
2Cases cited4 opinions
- Villa v. RodriguezSupreme Court of the United States · 1871
- Hottenstein v. ConradSupreme Court of Kansas · 1872
- Perkins v. DryeCourt of Appeals of Kentucky · 1835
- Amos v. LivingstonSupreme Court of Kansas · 1881
3Cited by9 opinions
- Wafer v. Harvey County BankSupreme Court of Kansas · 1891
- Wygal v. BigelowSupreme Court of Kansas · 1889
- Johansen v. LooneyIdaho Supreme Court · 1918
- Kelley & Lysle Milling Co. v. SchreiberSupreme Court of Kansas · 1910
- Wilson v. StaffordSupreme Court of Kansas · 1927
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