Legal Opinion · Concurrence

Becker v. Steele

Supreme Court of Kansas

Decided January 15, 1889Published

Error from Norton District Court. Replevin by Steele & Walker against Beaker, constable. Judgment for plaintiffs, at the September term, 1887. The defendant brings the case here. The opinion states the facts.

1Concurrence

Valentine, J.:

I cannot concur in the decision in this case. In my opinion whenever a plaintiff appeals from the judgment of a justice of the peace to the district court, everything pending in the case at the time of the rendering of the judgment appealed from is taken to the district court. Certainly no statute can be found to the contrary. It is true that in all cases where a judgment is rendered in favor of the defendant, either in a justice’s court or in the district court, all attachment and garnishment proceedings then pending in the case will, by-reason of the judgment and it alone, be…

2Cases cited4 opinions

  1. Butcher v. TaylorSupreme Court of Kansas · 1877
  2. Gates v. SandersSupreme Court of Kansas · 1874
  3. N. B. Brown & Co. v. TuppenySupreme Court of Kansas · 1880
  4. St. Joseph & D. C. Rld. v. CaseySupreme Court of Kansas · 1875

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API