Legal Opinion

Baker Manufacturing Co. v. Knotts

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 1 opinion

Error from Sumner District Court. Action by the Baker Manufacturing Co. against Knotts and another, partners as Knotts & Wallace, to recover $2,009.60, for goods sold and delivered to defendants. At the beginning of the action, the plaintiff company filed an affidavit and bond for a civil order of arrest against both Knotts and Wallace, which was duly issued and served upon the defendant Q. W. Knotts. Thereupon Knotts gave bail, and was released from custody.

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Error from Sumner District Court. Action by the Baker Manufacturing Co. against Knotts and another, partners as Knotts & Wallace, to recover $2,009.60, for goods sold and delivered to defendants. At the beginning of the action, the plaintiff company filed an affidavit and bond for a civil order of arrest against both Knotts and Wallace, which was duly issued and served upon the defendant Q. W. Knotts. Thereupon Knotts gave bail, and was released from custody. March 22, 1882, he filed his motion before the judge of the district court of Sumner county, to vacate this order of arrest. At the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by plaintiff in error, plaintiff below, for goods soldi An order of arrest was issued, and one of the defendants arrested. He gave bail, and thereafter moved to vacate the order of arrest.- This *358motion was heard before the district judge at chambers, and sustained. From this ruling the plaintiff comes to this court.

It is insisted that the judge erred in entertaining the motion after bail had been given and accepted. This is a mistake. Section 159 of the code of civil procedure authorizes a defendant arrested to…

2Cases cited1 opinion

  1. Wells, Fargo & Co. v. DanfordSupreme Court of Kansas · 1882

3Cited by1 opinion

  1. Chapman v. H. D. Lee Mercantile Co.Court of Appeals of Kansas · 1898

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