Legal Opinion

J. O. Stow & Co. v. Shay

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 4 opinions

Error from Rice District Court. Action by J. 0. Stow & Co. against R. J. Shay and Joe H. Borders, to recover upon an undertaking in an attachment proceeding. From a judgment in favor of plaintiffs, defendants bring error.

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Error from Rice District Court. Action by J. 0. Stow & Co. against R. J. Shay and Joe H. Borders, to recover upon an undertaking in an attachment proceeding. From a judgment in favor of plaintiffs, defendants bring error. The facts appear in the opinion herein, filed January 5, 1895. This case and the bond sued on, is very similar to the one sued on in the case of Washer v. Campbell, 40 Kas. 398. We respectfully ask this court to reverse the decision of the lower court and remand the same, with instructions to enter judgment for the plaintiffs in error on the evidence adduced before that…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action brought by J. O. Stow & Co. to recover upon an undertaking given by R. J. Shay and Joe H. Borders in an attachment proceeding. It appears that an action was brought by J. O. Stow & Co. against one Walton, before George Allen, a justice of the peace of Hamilton county, to recover $300, and at the same time an order of attachment was issued, which was levied on a stock of merchandise. R. J. Shay, who appears to have been in possession of the attached goods, appeared before the justice of the peace, and upon his application…

2Cases cited1 opinion

  1. Washer v. CampbellSupreme Court of Kansas · 1888

3Cited by4 opinions

  1. City of Garden City v. HellerSupreme Court of Kansas · 1900
  2. Toelle v. Sells-Floto Shows Co.Supreme Court of Kansas · 1922
  3. First State Bank v. MartinSupreme Court of Kansas · 1910
  4. Toelle v. National Surety Co.Supreme Court of Kansas · 1924

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