Ferguson v. Smith
Supreme Court of Kansas
Error from Labette District Court. Ferguson as plaintiff brought suit in the district court against Smith & Dunham, defendants. Plaintiff sued by the name of “A. M. Ferguson,” and defendants were sued as “Frank Smith” and “E. A. Dunham,” partners, etc. An order of attachment was issued.
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Error from Labette District Court. Ferguson as plaintiff brought suit in the district court against Smith & Dunham, defendants. Plaintiff sued by the name of “A. M. Ferguson,” and defendants were sued as “Frank Smith” and “E. A. Dunham,” partners, etc. An order of attachment was issued. The affidavit for the attachment is as follows: “State oe Kansas, County oe Labette, ss.: William Lemon of lawful age, being first duly sworn, deposes and says, that he is the duly authorized agent of A. M. Ferguson, who is about to commence an action in the district court of said county, against Frank Smith…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
An order of attachment was issued in this case in favor of the plaintiff in error as plaintiff below, and against the defendants in error. The attachment was dissolved, first, on motion of Joseph M. Wiggins and others who were judgment-creditors of the defendants, and not parties to the suit, and second, on motion of the defendants themselves. It will not be necessary for us in this case to examine the question whether an attachment can be dissolved on the motion of a judgment-creditor who is not a party to the suit; for upon the motion…
2Cases cited3 opinions
- Huey v. Van WieWisconsin Supreme Court · 1869
- Robinson v. BurtonSupreme Court of Kansas · 1870
- Amrine v. Kansas Pacific R. R.Supreme Court of Kansas · 1871
3Cited by21 opinions
- Cook v. City of TopekaSupreme Court of Kansas · 1982
- Propst v. StateCourt of Special Appeals of Maryland · 1968
- State v. RookSupreme Court of Kansas · 1889
- Stoddard v. SloanSupreme Court of Iowa · 1885
- Adams v. Lockwood, Englehart & Co.Supreme Court of Kansas · 1883
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