McMillan v. Baker
Supreme Court of Kansas
Error from Lyon District Qourt. McMillan, at the March Term 1877, recovered a judgment against Baker, on an undertaking given by Baker and another in a replevin suit. Afterward, but at the same term, the district court set aside and annulled said judgment; and of this latter proceeding McMillan complains, and brings the case here for review. All necessary facts are stated in the subjoined opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
statement of facts" Prior to the 2d of February 1876, one F. A. Higbee commenced an action in the district court of Lyon county against Robert McMillan, the plaintiff in error, to recover possession of certain specific personal property. Pursuant to section 178 of the civil code, (Gen. Stat. 662,) a written undertaking was executed in said action by Baker, defendant in error, and John Sebastian, as surety, to McMillan. On 6th October 1875, said McMillan recovered judgment in the replevin action against Higbee for a return of the personal…
2Cases cited4 opinions
- Wetmore v. LawNew York Supreme Court · 1860
- Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
- Higbee v. McMillanSupreme Court of Kansas · 1877
- Parmalee v. WheelerWisconsin Supreme Court · 1873
3Cited by8 opinions
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
- Harding v. HawkinsIllinois Supreme Court · 1892
- Meredith v. Santa Clara Mining Ass'n of BaltimoreCalifornia Supreme Court · 1882
- Handel v. CurryAppellate Court of Illinois · 1929
- Stroheim v. DeimelCourt of Appeals for the Seventh Circuit · 1897
3 more not listed; retrieve them via the Exa API.