National Bank v. Peters
Supreme Court of Kansas
Error from Jewell District Court. On August 31, 1888, Simon C. Peters commenced two actions against John H. Schaeffer in the district court of Jewell county to recover, in one action $1,675 and interest, and in the other action $1,650 and interest, upon two promissory notes executed by Schaeffer on July 19, 1887. On the same day orders of attachment were issued in the actions, and these orders were executed on August 31, about 6 P. M., by levying upon certain lots and real…
Read the full summary
Error from Jewell District Court. On August 31, 1888, Simon C. Peters commenced two actions against John H. Schaeffer in the district court of Jewell county to recover, in one action $1,675 and interest, and in the other action $1,650 and interest, upon two promissory notes executed by Schaeffer on July 19, 1887. On the same day orders of attachment were issued in the actions, and these orders were executed on August 31, about 6 P. M., by levying upon certain lots and real estate in Jewell City of the value of $5,500, and upon personal property, consisting of money, promissory notes, etc.,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The judgment rendered in favor of the National Bank of St. Joseph against J. H. Schaeffer and Simon C. Peters, as partners, under the style and firm of J. H. Schaeffer & Co., and the attachment proceedings in such action, were in all respects regular, so far as proceedings in rem were concernedand the judgment in the case was and is obligatory upon the debtors, J. H. Schaeffer and Simon C. Peters, as J. H. Sehaeffer & Co., and their privies. Where there is a seizure and detention of property, ora garnishment under an attachment…
2Cases cited2 opinions
- Paine v. SpratleySupreme Court of Kansas · 1870
- A. C. Rudolf & Co. v. R. L. McDonald & Co.Nebraska Supreme Court · 1877
3Cited by9 opinions
- Parmenter v. LomaxSupreme Court of Kansas · 1903
- Ward v. BennerSupreme Court of Kansas · 1913
- Marler v. W. E. Stewart Land Co.Supreme Court of Kansas · 1922
- Cadwallader v. LehmanSupreme Court of Kansas · 1969
- Union Central Life Insurance v. Irrigation Loan & Trust Co.Supreme Court of Kansas · 1937
4 more not listed; retrieve them via the Exa API.