Legal Opinion

Winstead v. Hulme

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 18 opinions

Error from Barton District Cowrt. Action by Hulme against Winstead, as sheriff of Barton county, commenced August 29, 1879, to recover possession of certain goods and chattels of the value of $270.65. The petition also alleged that the defendant, by the unlawful seizure of the goods and chattels, damaged and injured the business of plaintiff in the sum of $2,300. On September 25, 1879, the defendant filed his answer, in which he generally denied all the allegations of the…

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Error from Barton District Cowrt. Action by Hulme against Winstead, as sheriff of Barton county, commenced August 29, 1879, to recover possession of certain goods and chattels of the value of $270.65. The petition also alleged that the defendant, by the unlawful seizure of the goods and chattels, damaged and injured the business of plaintiff in the sum of $2,300. On September 25, 1879, the defendant filed his answer, in which he generally denied all the allegations of the petition. At an adjourned term of court, and on March 7, 1883, the cause came on for trial before the court and jury. The…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action by defendant in error, plaintiff below, against plaintiff in error, defendant below, to recover the possession of certain goods and merchandise of the value of $270.65. The petition also alleged that by the unwarranted and unlawful seizure of the goods and merchandise, the defendant was damaged in his business in the sum of $2,300. The prayer of the petition was for the possession of the goods and merchandise and for $2,300 damages. At the time this action was commenced, the defendant below was sheriff of Barton county,…

2Cases cited5 opinions

  1. Wiley v. KeokukSupreme Court of Kansas · 1870
  2. Wallach v. WylieSupreme Court of Kansas · 1882
  3. Nightingale v. ScannellCalifornia Supreme Court · 1861
  4. Cable, Fitch & Losee v. Dakin & DakinNew York Supreme Court · 1838
  5. Tyler v. SaffordSupreme Court of Kansas · 1884

3Cited by18 opinions

  1. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  2. First National Bank v. WilliamsSupreme Court of Kansas · 1901
  3. Monroe v. DarrSupreme Court of Kansas · 1977
  4. Evans v. Central Life InsuranceSupreme Court of Kansas · 1912
  5. Leslie v. CarterSupreme Court of Missouri · 1916

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