Legal Opinion

Walterscheid v. Bowdish

Supreme Court of Kansas

Decided April 11, 1908No. 15,470PublishedCited by 2 opinions

Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. This action was brought by Bowdish, as receiver of the B. & C. Pump Manufacturing Company, to recover funds to discharge a judgment theretofore obtained by a copartnership doing business under the name of Burnham, Hanna, Munger & Co. The full statement of the facts in the case is set forth in the following stipulation filed in the action at the trial: “stipulation". “It is hereby stipulated and agreed…

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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. This action was brought by Bowdish, as receiver of the B. & C. Pump Manufacturing Company, to recover funds to discharge a judgment theretofore obtained by a copartnership doing business under the name of Burnham, Hanna, Munger & Co. The full statement of the facts in the case is set forth in the following stipulation filed in the action at the trial: “stipulation". “It is hereby stipulated and agreed between the parties plaintiff and defendant in the above-entitled action that this cause upon the trial thereof shall be…

1Opinion of the Court

.The opinion of the court was delivered by

Smith, J.:

It is first contended that, as sections 1302 and 1315 of the General Statutes of 1901 were repealed ,by chapter 152 of the Laws of 1903, no law existed imposing an obligation upon the plaintiffs in error, and no law existed providing any remedy for the enforcement of the obligation, if an obligation existed. Condensing the facts related, it will be observed that Burnham, Hanna, Munger & Co. commenced an action in July, 1894, against one Dixon to recover on an account, and that the Wichita Plumbing and Pump Company interpleaded in the action,…

2Cases cited6 opinions

  1. Memphis v. United StatesSupreme Court of the United States · 1878
  2. Weaver v. . HavilandNew York Court of Appeals · 1894
  3. Watkins v. GlennSupreme Court of Kansas · 1895
  4. Stocker v. DavidsonSupreme Court of Kansas · 1906
  5. Henley v. StevensonSupreme Court of Kansas · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. International Mortgage Trust Co. v. HenrySupreme Court of Kansas · 1934
  2. Little v. KohnDistrict Court, E.D. Pennsylvania · 1911

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