Tootle, Hanna & Co. v. Smith
Supreme Court of Kansas
Error from Johnson District Court. On June 10, 1884, Tootle, Hanna & Co., of Kansas City, Missouri, brought a civil action in the district court of Johnson county, against Rufus Smith, of Gardner, Kansas, to recover the sum of $2,600, then over-due upon an account and note given for goods, wares and merchandise. On the same day, they caused to be filed an affidavit for an attachment against Rufus Smith.
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Error from Johnson District Court. On June 10, 1884, Tootle, Hanna & Co., of Kansas City, Missouri, brought a civil action in the district court of Johnson county, against Rufus Smith, of Gardner, Kansas, to recover the sum of $2,600, then over-due upon an account and note given for goods, wares and merchandise. On the same day, they caused to be filed an affidavit for an attachment against Rufus Smith. The amount which plaintiffs sought to recover from the defendant was omitted from the affidavit. On the same day, an order of attachment was issued, based upon said affidavit, for the sum of…
1Opinion of the Court
*29The opinion of the court was delivered by
Horton, C. J.:
It is conceded that the affidavit for attachment was defective, by reason of the omission of the amount sued for. Upon the hearing of the motion to dissolve, the district judge decided the affidavit void. (Robinson v. Burton, 5 Kas. 293.) The first complaint is, that the judge erred in not granting the plaintiffs leave to amend the affidavit. The insufficient affidavit was sought to be cured by a new affidavit, relating back to the original, signed by William Peake, and verified before John S. Harbison, the attorney of record of…
2Cases cited2 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Robinson v. BurtonSupreme Court of Kansas · 1870
3Cited by4 opinions
- Pulliam v. PulliamSupreme Court of Kansas · 1947
- Board of County Commissioners v. WalterSupreme Court of Kansas · 1911
- Shanholtzer v. ThompsonSupreme Court of Oklahoma · 1909
- Belinder v. CuppSupreme Court of Kansas · 1943