McFarland v. Bate
Supreme Court of Kansas
Hh'ror from Lyon District Court. Garnishment proceeding. The matter was submitted to the court upon the following agreed statement of facts: “ In an action pending in the district court of Lyon county, Kansas, wherein H. J. McFarland, assignee, was plaintiff, and Anna Bate and M. K. Moulton, partners doing business as Bate & Moulton, were defendants, after judgment in favor of the plaintiff and the return of an execution wholly unsatisfied issued on such judgment, an order…
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Hh'ror from Lyon District Court. Garnishment proceeding. The matter was submitted to the court upon the following agreed statement of facts: “ In an action pending in the district court of Lyon county, Kansas, wherein H. J. McFarland, assignee, was plaintiff, and Anna Bate and M. K. Moulton, partners doing business as Bate & Moulton, were defendants, after judgment in favor of the plaintiff and the return of an execution wholly unsatisfied issued on such judgment, an order of garnishmént was issued to M. C. Little, and in order to determine bis liability as such garnishee, the following facts…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The deed of assignment is assailed upon two grounds: First, because of a reservation in the instrument, in these words: “Except such articles as may he exempt by law from levy and sale on execution;” and,-second, the failure to include in the deed the individual property of Anna Bate, one of the assignors.
As to the first objection, it may be said that only partnership property was conveyed or intended to be conveyed by the deed of assignment, and as none of it was or is exempt, there was no reservation for the benefit of the assignors, and…
2Cases cited6 opinions
- Dodd v. Hills & KramerSupreme Court of Arkansas · 1879
- Bates v. AblemanWisconsin Supreme Court · 1860
- Shattuck v. ChandlerSupreme Court of Kansas · 1889
- Carpenter v. . UnderwoodNew York Court of Appeals · 1859
- Blake v. FaulknerIndiana Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Limbocker v. HiginbothamSupreme Court of Kansas · 1894
- Wilson v. SullivanUtah Supreme Court · 1898
- Birdsal, Waite & Perry Manufacturing v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1896
- Mc Cord-Brady Co. v. MillsWyoming Supreme Court · 1899
- Birdsall, Waite & Perry Manufacturing Co. v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1896