Legal Opinion

Graves v. Butcher

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 5 opinions

Error from Atchison District Court. Action brought by Butcher against Graves upon his bond as constable, and the sureties therein. Trial at the March Term, 1879, of the district court, and judgment for the plaintiff. The defendants bring the case here. The facts appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action on the official bond of George W. Graves, constable. The facts are substantially as follows: Graves, having an execution in his hands, which had previously been issued on a judgment in favor of W. L. Challiss and against Thomas Butcher, levied such execution on certain property as the property of said Thomas Butcher, and was. about to sell the same, when George W. Butcher (defendant in error, plaintiff below) claimed the same, and gave notice to Challiss for a trial of the right of property, under chapter 164 of the…

2Cases cited3 opinions

  1. Sponenbarger v. LemertSupreme Court of Kansas · 1879
  2. Van Cleef v. FleetNew York Supreme Court · 1818
  3. Sheldon v. LoomisCalifornia Supreme Court · 1865

3Cited by5 opinions

  1. Rathbone v. SterlingSupreme Court of Kansas · 1881
  2. Simons v. FloydSupreme Court of Oklahoma · 1918
  3. Danielson v. ReichertSupreme Court of Kansas · 1917
  4. First Nat. Bank of Maud v. EidsonSupreme Court of Oklahoma · 1926
  5. Goodin v. NewcombCourt of Appeals of Kansas · 1897

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