Standard Implement Co. v. Parlin & Orendorff Co.
Supreme Court of Kansas
Error from Barber District Court. On April 15,1889, The Parlin & Orendorff Company commenced its action against one L. M. Spencer for a debt of $935.22, and caused an attachment to issue against his property.
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Error from Barber District Court. On April 15,1889, The Parlin & Orendorff Company commenced its action against one L. M. Spencer for a debt of $935.22, and caused an attachment to issue against his property. The order of attachment was delivered to George W. Stevens, sheriff, at 12 o’clock and 15 minutes A. M. of that date, and executed at 4 o’clock and 30 minutes A. M. of the same day, by levying upon a large quantity of merchandise at Kiowa, Barber county, consisting of various kinds of maehinery, agricultural implements, buggies, and wagons. On the 14th day of May, 1889, The Standard…
1Opinion of the Court
The opinion of the court was delivered by
Hoetoh, C. J.:
i Attachment-i'lmien'of ~ pi00f' It is contended that the trial court erred in ruling that the burden of proof was upon the Standard Implement Company, upon the hearing of its motion to discharge the property from the levy of attachment. It was not claimed that the attachment should have been discharged because the affidavit was untrue, or that the proceedings were irregular. The Standard Implement Company claimed part of the property attached as the absolute owner thereof, and also claimed the balance of the property under two chattel…
2Cases cited4 opinions
- Swiggett v. DodsonSupreme Court of Kansas · 1888
- McCarthy v. GraceSupreme Court of Minnesota · 1876
- Morris v. ShewSupreme Court of Kansas · 1883
- Ramsey v. GlennSupreme Court of Kansas · 1885
3Cited by9 opinions
- Ballew v. YoungSupreme Court of Oklahoma · 1909
- Geiser Manufacturing Co. v. MurraySupreme Court of Kansas · 1911
- Rathburn v. HamiltonSupreme Court of Kansas · 1894
- Ward v. WigginsSupreme Court of Oklahoma · 1918
- Tomlinson v. TomlinsonSupreme Court of Kansas · 1926
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