C. M. Henderson & Co. v. Stetter
Supreme Court of Kansas
Error from Atehison District Court. Action in attachment by C. M. Henderson & Co. against N. Stetter. Trial by the court at the June Term, 1882, when the court found as a conclusion of law that the attachment lien of the plaintiffs upon certain funds was subsequent to the attachment liens of Carson, Pirie, Scott & Co., Wm. Ziock & Co., and Selz, Schwab & Co., and made an order accordingly. This order plaintiffs bring here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question in this case is one of priority between attaching creditors. The facts are these: An action in attachment was commenced in the name of “ C. M. Henderson and Wm. Henderson, partners as C. M. Henderson & Co.” The petition, affidavit and order of attachment were all thus entitled; and it is conceded that this attachment was prior to those of defendants in error. Afterward, by agreement of the defendant in the action in open court, the petition was amended by inserting the letter “S.” in the name of Wm. Henderson, and adding…
2Cases cited2 opinions
- Stout v. FolgerSupreme Court of Iowa · 1871
- Stage v. OldsOhio Supreme Court · 1843
3Cited by4 opinions
- Goodman v. HenryWest Virginia Supreme Court · 1896
- Carson, Pirie, Scott & Co. v. C. M. Henderson & Co.Supreme Court of Kansas · 1885
- Postlethwaite v. EdsonSupreme Court of Kansas · 1918
- Standard Implement Co. v. Lansing Wagon WorksSupreme Court of Kansas · 1897