Elliott v. Parlin & Orendorff
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This action was commenced in the district court of Shawnee county by the Parlin & Orendorff Company, a corporation organized under the laws of the state of Illinois, on notes executed and delivered to it at Rocky Ford, Colo., by Dye & Elliott, of which firm the defendant Elliott was a member.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This action was commenced in the district court of Shawnee county by the Parlin & Orendorff Company, a corporation organized under the laws of the state of Illinois, on notes executed and delivered to it at Rocky Ford, Colo., by Dye & Elliott, of which firm the defendant Elliott was a member. At the time the action was commenced an affidavit for an attachment was filed on the ground that the defendant was a non-resident of the state of Kansas, and the attachment was levied on real estate in the city of Topeka. The defendant…
1Opinion of the Court
The opinion of the court was delivered by
Smith,'J.:
The evidence upon the hearing of the motion to dissolve the attachment being all in writing, we have carefully examined it, and cannot reach the conclusion thereon that the trial court did. The grounds for the attachment were denied under oath, which placed the burden of sustaining the attachment upon the plaintiff. While there is some evidence tending to show that the defendant, with his family, had abandoned his homestead and residence in Topeka, Kan., and had acquired a residence in Enid, Okla., there is very much evidence to the contrary.…
2Cases cited2 opinions
- Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
- Palmer Oil & Gas Co. v. ParishSupreme Court of Kansas · 1900
3Cited by9 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Bellport v. HarderSupreme Court of Kansas · 1966
- Bailey v. Parry Mfg. Co.Supreme Court of Oklahoma · 1916
- Fredenhagen v. Nichols & Shepard Co.Supreme Court of Kansas · 1916
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