Legal Opinion

Walburn v. Chenault

Supreme Court of Kansas

Decided January 15, 1890PublishedCited by 20 opinions

Error from Bourbon District Court. On November 14,1887, Waller Chenault brought an action against A. W. Walburn and C. F. Drake, to recover upon a supersedeas bond.

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Error from Bourbon District Court. On November 14,1887, Waller Chenault brought an action against A. W. Walburn and C. F. Drake, to recover upon a supersedeas bond. The following is a copy of the petition: “The plaintiff above named, for a cause of action against the defendants, A. W. Walburn and C. E. Drake, says: “That at the regular September term of this court, 1885, on the 5th day of October, 1885, in a ease then pending in the district court of Bourbon county, state of Kansas, wherein Francis Tiernan was plaintiff and the St. Louis, Fort Scott & Wichita Railroad Company was defendant,…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

On October 5, 1885, Francis Tiernan recovered a judgment in the district court of Bourbon county against the St. Louis, Fort Scott & Wichita Railroad Company for $20,100.50, and the railroad company desiring to have the case reviewed in the supreme court, gave a supersedeas undertaking, with A. W. Walburn and C. F. Drake as sure*357ties. That judgment was assigned to Waller Chenault, and affirmed in this court. When the case was finally determined, the railroad company was insolvent, and the assignee of the judgment thereupon brought this…

2Cases cited4 opinions

  1. Allen v. . BrownNew York Court of Appeals · 1870
  2. Williams v. NortonSupreme Court of Kansas · 1865
  3. Phelan v. HazardU.S. Circuit Court for the District of Eastern Missouri · 1878
  4. St. Louis, Fort Scott & Wichita Railroad v. TiernanSupreme Court of Kansas · 1887

3Cited by20 opinions

  1. Van Cleve v. BerkeySupreme Court of Missouri · 1898
  2. Guerney v. MooreSupreme Court of Missouri · 1895
  3. Chicago, R. I. & P. Ry. Co. v. Bankers' Nat. BankSupreme Court of Oklahoma · 1912
  4. Hurd v. SimpsonSupreme Court of Kansas · 1891
  5. Rickerson Roller-Mill Co. v. Farrell Foundry & Machine Co.Court of Appeals for the Sixth Circuit · 1896

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