Callison v. Smith
Supreme Court of Kansas
Error from Wilson District Court. Replevin, brought by Hannah A. Callison, a married woman, to recover the possession of two horses and two mules, of the aggregate value of $500. The plaintiff claimed to be the owner of the property in controversy, and that the same was wrongfully detained from her possession by the defendant.
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Error from Wilson District Court. Replevin, brought by Hannah A. Callison, a married woman, to recover the possession of two horses and two mules, of the aggregate value of $500. The plaintiff claimed to be the owner of the property in controversy, and that the same was wrongfully detained from her possession by the defendant. Defendant Smith claimed that the property belonged to Absalom Callison, the husband of the plaintiff, and that he held it, as sheriff of Wilson county, under an execution against the said husband. The case was tried at the May Term 1876 of the district court. The only…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of replevin, brought by plaintiff in error to recover the possession of certain personal property taken on execution as the property of her husband.
Weight of evidence, reasonableness evidence; of testimony. The first proposition presented to our consideration is, that the verdict is against the weight of the evidence. We cannot sustain this claim. True, the plaintiff and her husband both testified that the property was hers, bought with money given to her by her husband’s mother; aucj j.jjere ¡g oniy circumstantial…
2Cases cited2 opinions
- Wilson v. WagarMichigan Supreme Court · 1873
- Field v. KinnearSupreme Court of Kansas · 1869
3Cited by6 opinions
- C. O. G. Railroad Co. v. DeperadeSupreme Court of Oklahoma · 1903
- Matthews v. McNeillSupreme Court of Kansas · 1916
- Race v. MalonySupreme Court of Arkansas · 1878
- Choctaw, Oklahoma & Gulf Railroad v. DeperadeSupreme Court of Oklahoma · 1903
- Bertenshaw v. LaneySupreme Court of Kansas · 1908
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