Legal Opinion

Dunlap v. McFarland

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 17 opinions

Error from, Nemaha District Court. ActioN on a promissory note, brought by McFarland, as administrator (with the will annexed) of the estate of Joseph B. Smith, deceased, Judgment for the plaintiff, at the April Term, 1879, of the district court. The defendant brings the case here. The facts are stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action on a promissory note, brought by Andrew McFarland, administrator (with the will annexed) of the estate of Joseph B. Smith, deceased, against Joseph Dunlap. The action was commenced on April 16, 1878, by filing a petition, a precipe, and an affidavit for an attachment; and a summons and an order of attachment were issued on the same day. The summons and the order of attachment were made returnable on April 18, 1878. On April 16 the sheriff attached certain real estate belonging to the defendant, and on April 17 returned…

2Cases cited3 opinions

  1. Denny v. FaulknerSupreme Court of Kansas · 1879
  2. Cady v. BardSupreme Court of Arkansas · 1879
  3. Ravenscraft v. PrattSupreme Court of Kansas · 1879

3Cited by17 opinions

  1. Ballew v. YoungSupreme Court of Oklahoma · 1909
  2. Raymond v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1897
  3. Merchants Transfer & Warehouse Co. v. RaganCourt of Appeals for the Tenth Circuit · 1948
  4. Mingenback v. MingenbackSupreme Court of Kansas · 1954
  5. Freeman v. KeltnerSupreme Court of Kansas · 1953

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