Jones ex rel. Nellis v. Warnick
Supreme Court of Kansas
Error from Shawnee District Court. The material facts are stated in the opinion herein, filed June 11, 1892. 1. The proceedings in attachment were void. The affidavit alleging non-residence of defendants was sworn to 16 days before the petition was filed, and was filed one day before the petition. This was not a sufficient statement of facts upon which to base an attachment.
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Error from Shawnee District Court. The material facts are stated in the opinion herein, filed June 11, 1892. 1. The proceedings in attachment were void. The affidavit alleging non-residence of defendants was sworn to 16 days before the petition was filed, and was filed one day before the petition. This was not a sufficient statement of facts upon which to base an attachment. It might have been true when sworn to, and false when the petition was filed. 1 Wade, Attach., § 3; Adams v. Lockwood, 30 Has. 374. At the time the affidavit was filed there was no cause pending. A civil action is…
1Opinion of the Court
Opinion by
Simpson, C.:
This case was tried in the district court of Shawnee county on an agreed statement of facts, which shows that the real estate in controversy, situate in Shawnee county, was owned by one Helen M. Jones. She died intestate April 5,1875, leaving as her sole heirs her husband, Thomas W. Jones, and two children, Helen M. Jones and Susan I). Jones, who were, at the commencement of this action, minors. She owned also land in Osage county. Affidavit for attachment was duly filed in the district court of Osage county, on the 16 th day of July, 1878, in an action brought by F. E.…
2Cases cited2 opinions
- Dunlap v. McFarlandSupreme Court of Kansas · 1881
- Bannister v. CarrollSupreme Court of Kansas · 1890
3Cited by9 opinions
- Ballew v. YoungSupreme Court of Oklahoma · 1909
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- Vann v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1922
- Cadwallader v. LehmanSupreme Court of Kansas · 1969
- Green v. McCrackenSupreme Court of Kansas · 1902
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