Legal Opinion

Yandle v. Kingsbury

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 13 opinions

Error from Bourbon District Court. Replevin, brought by Kingsbury, to recover the possession of- a span of horses, a colt, and a set of harness, alleged to have been wrongfully taken and wrongfully detained by Yandle. The action was commenced in Labette county district court in May 1872, where certain proceedings were had which are noticed in the opinion of the court, infra.

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Error from Bourbon District Court. Replevin, brought by Kingsbury, to recover the possession of- a span of horses, a colt, and a set of harness, alleged to have been wrongfully taken and wrongfully detained by Yandle. The action was commenced in Labette county district court in May 1872, where certain proceedings were had which are noticed in the opinion of the court, infra. A trial was had in March 1873, resulting in a verdict for the plaintiff, which verdict was set aside by the court, and a new trial awarded. The action was' then removed, on motion and application of Yandle, to the…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

This was an action of replevin, brought by defendant in error. The defendant (plaintiff in error) gave the required undertaking, and retained possession of the property. Two errors are alleged. The first is, that the court erred in refusing to set aside the order of delivery, because no action was commenced or pending at the time the motion to set aside the order was made. The condition of the case at the time was this: The petition was filed, and a summons and order of delivery were issued at the time. The summons was regular on its…

2Cases cited1 opinion

  1. Allen v. . FoxNew York Court of Appeals · 1873

3Cited by13 opinions

  1. Barber Asphalt Paving Co. v. City of HarrisburgCourt of Appeals for the Third Circuit · 1894
  2. Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
  3. Reeves & Co. v. BascueSupreme Court of Kansas · 1907
  4. Cunningham v. StonerIdaho Supreme Court · 1904
  5. Cornwell v. MossSupreme Court of Kansas · 1915

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