Legal Opinion

Phelps v. Atchison, Topeka & Santa Fé Railroad

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 11 opinions

Error from, Shawnee Distriet Court. • Action between Phelps and two others, plaintiffs, and the Railroad Company, defendant, in certain garnishee proceedings. Trial at the January Term, 1882, of the district court, and judgment for defendant. The plaintiffs bring the case here. The facts appear in the opinion.

1Opinion of the Court

*166The opinion of the court was delivered by

Brewer, J.:

The only question in this case is, the extent of the liability of a garnishee. The cause was tried in the court below on an agreed statement of facts. From that agreed statement it appears that on the 14th day of January, 1881, plaintiffs commenced an action before W. E. Hazen, a justice of. the peace, against one Clarence Bryant, to recover the sum of $113.17, and op that day caused a garnishee summons in- said cause to be served on the defendant, returnable on the 25th day of January, 1881. On the 25th day of January, 1881, they recovered…

2Cases cited3 opinions

  1. Board of Education v. ScovilleSupreme Court of Kansas · 1874
  2. Silverwood v. BellasSupreme Court of Pennsylvania · 1839
  3. Nash v. GaleSupreme Court of Minnesota · 1858

3Cited by11 opinions

  1. Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
  2. Johnson v. BrantSupreme Court of Kansas · 1888
  3. Harpster v. ReynoldsSupreme Court of Kansas · 1974
  4. Mull v. JonesSupreme Court of Kansas · 1885
  5. H. & M. Tire Service Co. v. CombsSupreme Court of Kansas · 1934

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