Legal Opinion

Diefendorf v. Oliver

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 6 opinions

Error from Jefferson District Gou/rt. Diefendorf instituted proceedings against GlmerwA another as garnishees of Eobb. The case was tried at the November Term, 1868. The facts are fully stated in the opinion.

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Error from Jefferson District Gou/rt. Diefendorf instituted proceedings against GlmerwA another as garnishees of Eobb. The case was tried at the November Term, 1868. The facts are fully stated in the opinion. The district court found that Olimer was not liable as garnishee, and gave judgment in his favor for costs; and Diefendorf brings the case here by petition in error. 1. The finding of the court that Oliver had no notice or knowledge that Eobb intended to defraud his creditors, is not sustained by the evidence. But if such finding was correctly made, it is not sufficient to relieve Oliver…

1Opinion of the Court

The opinion of the court was delivered by

Yaíentine, J.:

The plaintiff in error Fox Diefendorf complains of a judgment rendered against him in the court below in favor of the defendant in error Henry A. Oliver. The facts are substantially as follows: On the 2d of August, 1867, there was a suit pending in the district court of Jefferson county in which Fox Diefendorf was plaintiff and Alex. W. Eobb was defendant. On that day said Oliver and Anna Eobb were summoned to answer as garnishees in said suit. They answered, but their answers were not satisfactory to Diefendorf. Hence he proceeded with…

2Cited by6 opinions

  1. Wilson v. FullerSupreme Court of Kansas · 1872
  2. Farlin v. SookSupreme Court of Kansas · 1883
  3. Kurtz v. MillerSupreme Court of Kansas · 1881
  4. Bank of Inman v. GravesSupreme Court of Kansas · 1938
  5. Hood v. GibsonCourt of Appeals of Kansas · 1899

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