Legal Opinion

Mullen v. Mullock

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 6 opinions

Error from Washington Eistrict Court. Action brought by Selena Mullock against John Mullen, a •constable of Little Blue township, in Washington county, and E. E. Ballard and Thomas Murphy, sureties on his official bond, to recover the value of a mule colt.

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Error from Washington Eistrict Court. Action brought by Selena Mullock against John Mullen, a •constable of Little Blue township, in Washington county, and E. E. Ballard and Thomas Murphy, sureties on his official bond, to recover the value of a mule colt. The petition alleges in substance that at and before the commencement of the action, the said John Mullen was the legally-elected, qualified and acting constable of the above-named township; that E. E. Ballard and Thomas Murphy were the sureties upon •his official bond; that on the 11th of January, 1878, one Monroe Duston, a justice of the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

John Mullen was a constable, and the other defendants, plaintiffs in error, were sureties on his bond. This action was brought by Selena Mullock on the bond fox-the value of a mule colt alleged to belong to plaintiff, and to have been taken and sold by the constable on an execution against her husband. The execution was issued on a judgment in favor of Ballard, one of the sureties on the-bond, and defendant in this action. The defendants answered sepai’ately. The third count in the answer of plaintiff in error, John Mullen, and the second…

2Cases cited1 opinion

  1. Steele v. SouderSupreme Court of Kansas · 1878

3Cited by6 opinions

  1. Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
  2. First National Bank v. LewinsonNew Mexico Supreme Court · 1904
  3. Lockhart v. LeedsNew Mexico Supreme Court · 1904
  4. Wurmser v. StoneCourt of Appeals of Kansas · 1895
  5. Cities Service Oil Co. v. State Board of EqualizationSupreme Court of Kansas · 1967

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