Garlinghouse v. Mulvane
Supreme Court of Kansas
Error from, Shawnee District Court. ACTION brought by the defendants in error to recover on a promissory note of $200 against the plaintiff in error. At the commencement of the action, an affidavit for attachment was filed, and an order of attachment issued, which was levied upon lots numbers 465 and 467, on Kansas avenue, South Topeka, as the property of the plaintiff in error.
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Error from, Shawnee District Court. ACTION brought by the defendants in error to recover on a promissory note of $200 against the plaintiff in error. At the commencement of the action, an affidavit for attachment was filed, and an order of attachment issued, which was levied upon lots numbers 465 and 467, on Kansas avenue, South Topeka, as the property of the plaintiff in error. The only ground alleged in the affidavit for attachment was, that the defendant was a non-resident of the state of Kansas. At the trial the defendant below moved the court to discharge the attachment, for the reasons…
1Opinion of the Court
Opinion by
ClogstoN, C.:
Two questions are presented for examination as errors: First, that the conclusions of law are not supported by the findings of the court; and second, that the conclusions of fact are inconsistent with and not supported by the evidence. The undisputed facts show that the defendant was a resident of the state of Kansas, residing upon the lots in controversy as the home of himself and family, from 1872 until 1884, at which time defendant’s wife was an invalid, and was under the care and treatment of the plaintiffs as her physicians, and that upon their recommendation she…
2Cases cited5 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Edwards v. FrySupreme Court of Kansas · 1872
- Keith v. StetterSupreme Court of Kansas · 1881
- Adams v. EvansSupreme Court of Kansas · 1877
3Cited by11 opinions
- Blitz ex rel. Erickson v. MetzgerSupreme Court of Kansas · 1925
- Palmer Oil & Gas Co. v. ParishSupreme Court of Kansas · 1900
- Bellport v. HarderSupreme Court of Kansas · 1966
- In Re the Estate of FinkCourt of Appeals of Kansas · 1980
- State ex rel. Parker v. CorcoranSupreme Court of Kansas · 1942
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