Dow v. Julien
Supreme Court of Kansas
Error from Johnson District Cow't. Action brought by Baldwin on the bond of Julien as sheriff of Johnson county, and the sureties thereon, to recover damages for an alleged unlawful attachment. After the trial of the case, plaintiff died, and Dow was appointed assignee of the estate of C. H. Taylor, and the action was revived in his name. Trial at the June Term, 1883, and .judgment for the defendants for costs against the plaintiff. He brings the case here.
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Error from Johnson District Cow't. Action brought by Baldwin on the bond of Julien as sheriff of Johnson county, and the sureties thereon, to recover damages for an alleged unlawful attachment. After the trial of the case, plaintiff died, and Dow was appointed assignee of the estate of C. H. Taylor, and the action was revived in his name. Trial at the June Term, 1883, and .judgment for the defendants for costs against the plaintiff. He brings the case here. The material facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The facts in this case are as follows: On November 19, 1881, C. H. Taylor executed a voluntary assignment of nearly all his property to Almon H. Baldwin, in trust for the benefit of his creditors. On the same day Harris &■ Co. commenced an action against Taylor and others, on a promissory note executed September 16, 1881, for one thousand dollars, before it was due, by attachment under §§ 230 and 231 of the civil code. On November 21,1881, the property assigned to Almon H. Baldwin was taken by the sheriff-from the possession of the…
2Cases cited3 opinions
- Dorsey v. ManloveCalifornia Supreme Court · 1860
- Monroe v. LattinSupreme Court of Kansas · 1881
- John Harris & Co. v. CapellSupreme Court of Kansas · 1882
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- State v. BartleySupreme Court of Kansas · 1892
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- Smith v. HollandCourt of Appeals of Texas · 1891
- Adams v. GillamSupreme Court of Kansas · 1894