First National Bank v. Franklin
Supreme Court of Kansas
Error from Labette District Court. Action, brought by the First National Bank of Parsons, as plaintiff, against Geo. W. Franklin, J. E. Waskey, J. M. Davidson, H. P. Newlon, and U. B. Bridgman, defendants.
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Error from Labette District Court. Action, brought by the First National Bank of Parsons, as plaintiff, against Geo. W. Franklin, J. E. Waskey, J. M. Davidson, H. P. Newlon, and U. B. Bridgman, defendants. The petition, after stating the due incorporation of the plaintiff, and the election and qualification of defendant Franklin as sheriff of Labette county, (including the execution of the official bond of such sheriff by Franklin as principal and the other defendants as sureties,) is as follows: “And the plaintiff saith, that the said Franklin did thereupon take upon himself the duties of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This action was brought by the First National Bank of Parsons, against George W. Franklin and his bondsmen, upon Franklin’s official bond, to recover damages for an alleged neglect of duty upon his part as sheriff of Labette county. The defendants filed a general denial. Judgment for defendants, on demurrer to plaintiff’s evidence.
The facts are as follows: On the 3d of October 1873, the sheriff,- by one Bradley, deputy, by virtue of an order of attachment issued by a justice of the peace in the case of the bank against one Whitney, levied…
2Cases cited2 opinions
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- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
- J. I. Case Threshing Machine Co. v. PetersonSupreme Court of Kansas · 1893
- Pecotte v. OliverIdaho Supreme Court · 1886
- Emerson v. ThatcherCourt of Appeals of Kansas · 1897
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