Charles P. Kellogg & Co. v. Hazlett
Court of Appeals of Kansas
Memorandum. — Error from Dickinson district court; - James Humphrey, judge. Action by Charles P. Kel-' logg & Co. against Edward E. Hazlett, in which a, garnishee summons was issued. Prom a judgment quashing the summons, on motion of the garnishees, the plaintiffs bring error.
1Opinion of the Court
The opinion of the court was delivered by
Garver, J. :
Charles P. Kellogg & Co. commenced this action January 20, 1892, in the district court of •Dickinson county, against Edward E. Hazlett, on a debt not due, and had an order of attachment issued, under section 230 of the civil code. At the same time an affidavit was made and filed for a garnishee summons, on the ground that the defendant had not *526property liable to execution sufficient to satisfy the plaintiff’s demand. No bond, in addition to the undertaking in attachment, was given in the garnishment proceeding, but a garnishee summons was…
2Cases cited4 opinions
- Rullman v. HulseSupreme Court of Kansas · 1884
- Pierce v. MyersSupreme Court of Kansas · 1882
- Ballinger v. LantierSupreme Court of Kansas · 1875
- Victor B. Buck & Co. v. J. G. Panabaker & Co.Supreme Court of Kansas · 1884
3Cited by3 opinions
- Buzbee v. Allen County State BankSupreme Court of Kansas · 1963
- Swofford Bros. Dry-goods Co. v. John S. Brittain Dry-goods Co.Court of Appeals of Kansas · 1899
- Mortgage Trust Co. v. NorrisCourt of Appeals of Kansas · 1898