Manning v. Manning
Supreme Court of Kansas
Error from Lyon District Court. September 9, 1879, Josie A. Manning, N. E. Weaver and H. B. Lowe bécame sureties in an undertaking executed by George W. Brown, to obtain an order of delivery in an action brought by him against Mrs. E. 8. Manning and two others, to recover the possession of certain cattle. Thereupon such - order was issued, the cattle taken thereunder, and delivered to-Brown.
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Error from Lyon District Court. September 9, 1879, Josie A. Manning, N. E. Weaver and H. B. Lowe bécame sureties in an undertaking executed by George W. Brown, to obtain an order of delivery in an action brought by him against Mrs. E. 8. Manning and two others, to recover the possession of certain cattle. Thereupon such - order was issued, the cattle taken thereunder, and delivered to-Brown. At the September Term, 1880, of the district court, Brown dismissed the above action. Thereupon Mrs. E. 8. Manning brought an action against the sureties in the undertaking given as aforesaid. At the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a replevin bond. The petition set forth a copy of the bond, which was in the ordinary statutory form, and alleged that the plaintiff in the replevin action, having obtained possession of the property," dismissed his action without going to trial. The petition in this action alleged the value of the property replevied in the other, and prayed judgment against the sureties in the replevin bond for such value. A demurrer to this petition was made, and overruled; and this ruling is the error complained *101of. It may be…
2Cases cited8 opinions
- Hall v. SmithSupreme Court of Iowa · 1859
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Mills v. GleasonCalifornia Supreme Court · 1862
- Marix v. FrankeSupreme Court of Kansas · 1872
- Brown v. ParkerIndiana Supreme Court · 1840
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3Cited by12 opinions
- Tapscott v. LyonCalifornia Supreme Court · 1894
- Thomas v. First Nat. Bank of TecumsehSupreme Court of Oklahoma · 1912
- Boom v. St. Paul Foundry & Manufacturing Co.Supreme Court of Minnesota · 1885
- Citizens' State Bank v. MorseSupreme Court of Kansas · 1899
- Johnson v. BoehmeSupreme Court of Kansas · 1903
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