Hoisington v. Armstrong
Supreme Court of Kansas
Error from Dickinson District Court. Eeplevin, brought by Armstrong against Hoisington for the recovery of a buggy, horse, and harness. Trial at the March Term, 1878, and judgment for the plaintiff. Hoisington brings the case here. submitted points and authorities, as follows: 1. Where property is seized under an order of attachment against a given person, such person cannot replevy the same in the hands of the officer.
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Error from Dickinson District Court. Eeplevin, brought by Armstrong against Hoisington for the recovery of a buggy, horse, and harness. Trial at the March Term, 1878, and judgment for the plaintiff. Hoisington brings the case here. submitted points and authorities, as follows: 1. Where property is seized under an order of attachment against a given person, such person cannot replevy the same in the hands of the officer. (Gen. Stat., ch. 80, § 177; Howard v. Coundall, 39 Conn. 213; McGlothlin v. Madden, 16 Kas. 466; Gross v. Bogard, 18 Kas. 288.) 2. The affidavit required by statute (Gen.…
1Opinion of the Court
*112The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin, brought by John B. Armstrong against George Hoisington, for the recovery of a buggy, horse, and harness. The case was tried. in the court below before the court and a jury. The verdict and judgment were in favor of the plaintiff and against the defendant, and the defendant, as plaintiff in error, brings the •case to this court. But as error must be shown, and cannot be presumed, we hardly think that the judgment of the court can be reversed. The plaintiff in error says in his brief: il Where property is…
2Cases cited3 opinions
- Gist v. LoringSupreme Court of Missouri · 1875
- Westenberger v. WheatonSupreme Court of Kansas · 1871
- Bailey v. BayneSupreme Court of Kansas · 1878
3Cited by10 opinions
- Batchelor v. WalburnSupreme Court of Kansas · 1880
- Mills v. MillsSupreme Court of Kansas · 1888
- Karr v. StahlSupreme Court of Kansas · 1907
- First National Bank v. StaabSupreme Court of Kansas · 1918
- Lamont v. WilliamsSupreme Court of Kansas · 1890
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