Legal Opinion

J. M. W. Jones Stationery & Paper Co. v. Case

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 5 opinions

M'ror from Shawnee District Court. Action under § 525 of the code, upon an agreed statement of facts filed in the office of the clerk of the district court, January 17,1881, from which it appears, among other things, that— On the 10th day of November, 1880, executions were duly issued and delivered to A. Kuykendall, a constable of the city of Topeka, in the following cases, to wit: M. H. Case v. George O. Wilmarth, Williamson-Stewart Paper Company v. George O. Wilmarth, T.…

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M'ror from Shawnee District Court. Action under § 525 of the code, upon an agreed statement of facts filed in the office of the clerk of the district court, January 17,1881, from which it appears, among other things, that— On the 10th day of November, 1880, executions were duly issued and delivered to A. Kuykendall, a constable of the city of Topeka, in the following cases, to wit: M. H. Case v. George O. Wilmarth, Williamson-Stewart Paper Company v. George O. Wilmarth, T. J. Kellam & Co. v. George O. Wilmarth— all the goods of Wilmarth being at the time of the issuance and delivery of the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

There is but a single question in this case. Under process regular and valid, a constable levied upon certain personal property; thereafter, under process from a different court, another constable attempted to levy upon the same property while in the possession of the first constable. Was such attempted second levy good? In other words, is property duly levied on and in the possession of the officer making the levy, subject to levy by another officer holding *303process from the same or a different court? So far as to the form of the actions and…

2Cases cited5 opinions

  1. Allen v. McCallaSupreme Court of Iowa · 1868
  2. Davidson v. WaldronIllinois Supreme Court · 1863
  3. Douglas v. OrrSupreme Court of Missouri · 1875
  4. Goode v. LongmireSupreme Court of Alabama · 1860
  5. Benson v. BerryNew York Supreme Court · 1864

3Cited by5 opinions

  1. J. M. W. Jones Stationery & Paper Co. v. HentigSupreme Court of Kansas · 1884
  2. Pitkin v. Burnham, Hanna, Munger & Co.Nebraska Supreme Court · 1901
  3. J. M. W. Jones Stationery & Paper Co. v. HentigSupreme Court of Kansas · 1882
  4. J. M. W. Jones Stationery & Paper Co. v. Western News Co.Supreme Court of Kansas · 1883
  5. Lake v. HaseltineNew York Supreme Court · 1887

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