Gapen v. Stephenson
Supreme Court of Kansas
Error from Montgomery District Court. Action by Stephenson, to recover for sundry claims of indebtedness amounting in the aggregate to $7,500: An order of attachment was obtained at the commencement of the action. Gapen moved to dissolve and discharge the attachment. The proceedings taken upon this motion, and the proceedings generally until final. judgment in favor of Stephenson, at the September Term 1874, are fully stated in the opinion.
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Error from Montgomery District Court. Action by Stephenson, to recover for sundry claims of indebtedness amounting in the aggregate to $7,500: An order of attachment was obtained at the commencement of the action. Gapen moved to dissolve and discharge the attachment. The proceedings taken upon this motion, and the proceedings generally until final. judgment in favor of Stephenson, at the September Term 1874, are fully stated in the opinion. Gapen brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of attachment. Many questions are presented, and many errors alleged. Some of them however are of minor importance, and deserve little notice. A motion was made to dissolve the attachment, which had been levied upon a quarter-section of land belonging to defendant, the plaintiff in error. Among the grounds in the motion are these:
First, that the affidavit for the attachment was not true. The charge was, that the defendant was about to convert his property into money for the purpose of placing it beyond the reach of his…
2Cited by10 opinions
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- Chicago, R. I. & P. Ry. Co. v. PitchfordSupreme Court of Oklahoma · 1914
- Rice v. HodgeSupreme Court of Kansas · 1881
- Ames v. ParrottNebraska Supreme Court · 1901
- Race v. MalonySupreme Court of Arkansas · 1878
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