Legal Opinion

Spalding v. Black

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 2 opinions

Error, from, Shaivnee District Court. Action brought by Spalding, against Joseph S. Black, Clarence A. Black, and S. P. Wade, Sheriff, to recover damages for the unlawful conversion by defendants of certain goods and chattels belonging to plaintiff. Trial at the December Term, 1875, of the district court, and judgment for the defendants. Spalding brings the case here for review. The facts are sufficiently stated in the opinion.

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Error, from, Shaivnee District Court. Action brought by Spalding, against Joseph S. Black, Clarence A. Black, and S. P. Wade, Sheriff, to recover damages for the unlawful conversion by defendants of certain goods and chattels belonging to plaintiff. Trial at the December Term, 1875, of the district court, and judgment for the defendants. Spalding brings the case here for review. The facts are sufficiently stated in the opinion. There are two questions for the consideration of the court in this ease: 1st, May the plaintiff, Hugh M. Spalding, maintain said action? 2d, Is George W. Crane a…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by the plaintiff in the court below, against the defendants, for the recovery of damages" for the unlawful conversion by defendants of certain goods and chattels of plaintiff, a description of which is set forth in his petition therein.

The second count or defense by the defendants, set up in their answer to plaintiff’s cause of action, is substantially as follows:

“For a second and further defense to said action, defendants say, that on or about the 26th day of September, 1874, the said Hugh M. Spalding and one…

2Cases cited5 opinions

  1. Smyth v. TankersleySupreme Court of Alabama · 1852
  2. Sheppard v. SheltonSupreme Court of Alabama · 1859
  3. White v. MortonSupreme Court of Vermont · 1849
  4. Bates v. JamesThe Superior Court of New York City · 1854
  5. Neary v. CahillIllinois Supreme Court · 1858

3Cited by2 opinions

  1. Williams v. LewisIndiana Supreme Court · 1888
  2. Aldridge v. ElerickCourt of Appeals of Kansas · 1895

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