Auld v. Butcher
Supreme Court of Kansas
Error from Atohison District Court. Action brought by Butcher against Auld, to recover the sum of $3,500 and interest thereon, the value of certain bonds and coupons issued by the city of Atchison, Kansas, and belonging to Butcher, which bonds plaintiff alleged that defendant had converted to his own use.
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Error from Atohison District Court. Action brought by Butcher against Auld, to recover the sum of $3,500 and interest thereon, the value of certain bonds and coupons issued by the city of Atchison, Kansas, and belonging to Butcher, which bonds plaintiff alleged that defendant had converted to his own use. The facts, as stated in the plaintiff’s petition, are in substance as follows: That April 10, 1868, Butcher, being the owner of certain bonds issued by said city, and being indebted to said Auld in the sum of $500, executed his note for that sum to Auld, and for the purpose of securing the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*4021'ft»ttoí¡s¡>nim' *401The main question in this case, and the •only one of sufficient importance to require any consideration from this court, is, whether the plaintiff’s cause of action was barred by the statute of limitations, or not, before this action was commenced. Preliminarily, however, we might say, that the defendant in error, who was plaintiff below, now claims that this question was not sufficiently raised in the court below, and therefore that it cannot now be considered in this court; but as the defendant below attempted, at least…
Also in this document: Concurrence.
2Cases cited10 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Missouri River R. R. v. RichardsSupreme Court of Kansas · 1871
- Voss v. BachopSupreme Court of Kansas · 1869
- Green v. WilliamsSupreme Court of Arkansas · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hege v. SudermanSupreme Court of Kansas · 1935
- Douglass v. SargentSupreme Court of Kansas · 1884
- Algeo v. AlgeoSupreme Court of Kansas · 1928
- Sefton v. Farmers State BankSupreme Court of Kansas · 1934
- King Iron Bridge & Manuf'g Co. v. County of OtoeUnited States Circuit Court · 1886
4 more not listed; retrieve them via the Exa API.