Gentry v. Kelley
Supreme Court of Kansas
Error from Saline District Court. Action by Elizabeth, S. C. Kelley against W. EC. Gentry, as sheriff of Saline county, to recover damages for the conversion of certain merchandise. Verdict for plaintiff. New trial denied, and judgment entered at the March term, 1889. Defendant brings error. The court below erred in giving the sixth paragraph of its instructions to the jury. No instruction is proper that is not based upon evidence given upon the trial of the cause. Thomp.
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Error from Saline District Court. Action by Elizabeth, S. C. Kelley against W. EC. Gentry, as sheriff of Saline county, to recover damages for the conversion of certain merchandise. Verdict for plaintiff. New trial denied, and judgment entered at the March term, 1889. Defendant brings error. The court below erred in giving the sixth paragraph of its instructions to the jury. No instruction is proper that is not based upon evidence given upon the trial of the cause. Thomp. Trials, § 2315, and cases cited; Swank v. Nichols, 24 Ind. 201; Coughlin v. The People, 18 111. 267; Webster College v.…
1Opinion of the Court
Opinion by
Strang, C.:
Action to recover damages for the conversion of certain merchandise. J. T. and A. D. Kelley, hardware merchants in the city of Salina, Kas., received from their mother, the defendant herein, $7,000, and gave their notes and a mortgage upon a stock of hardware as alleged security therefor. The mortgage was executed June 15, 1888, and filed immediately for record in the office of the register of deeds. June 21, 1888, the Baker Wire Company commenced a suit against Kelley & Kingman, a firm that was succeeded by Kelley Bros., and issued an attachment therein, which was levied…
2Cases cited1 opinion
- Gardom v. WoodwardSupreme Court of Kansas · 1890
3Cited by6 opinions
- Richolson v. FreemanSupreme Court of Kansas · 1896
- Atlas Assurance Co., Ltd. v. LeonardSupreme Court of Oklahoma · 1925
- Voshell v. Indian Territory Illuminating Oil Co.Supreme Court of Kansas · 1933
- Baker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- Meek v. Union Pacific RailroadSupreme Court of Kansas · 1915
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