Legal Opinion

Bennett v. Wolverton

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 8 opinions

Error from Bourbon District Court. In an action brought by Bennett, Carter & Co., against Wm. Wolverton & Co., upon an account, certain lands situate in the counties of Bourbon and Linn were attached.

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Error from Bourbon District Court. In an action brought by Bennett, Carter & Co., against Wm. Wolverton & Co., upon an account, certain lands situate in the counties of Bourbon and Linn were attached. December 16, .1878, one Reuben Laycofik filed an interplea in the action, alleging that he was the owner in fee of the lands attached, and praying that his rights in the same might be determined and adjudicated; that said property might be discharged from said attachment; and that he might recover his costs of the plaintiffs. Trial by the court, upon the interplea, at the September Term, 1879,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The firm of Bennett, Carter & Co., plaintiffs in error, (plaintiffs below,) brought suit in Bourbon county, Kansas, against the firm of Wm. Wolverton & Co., upon a book account of about $1,800. Both Bennett, Carter & Co. and Wm. Wolverton & Co. were' non-residents- of Kansas. Certain lands in Bourbon and Linn counties, Kansas, were attached;, publication summons was had; Wolverton & Co. made no appearance, and at the December term of the district court of Bourbon county, 1878, the case stood in default. Before any judgment was rendered in…

2Cases cited1 opinion

  1. McCardell v. McNaySupreme Court of Kansas · 1877

3Cited by8 opinions

  1. Dusenbery v. BidwellSupreme Court of Kansas · 1912
  2. Hubbard v. CheneySupreme Court of Kansas · 1907
  3. Farmers State Bank v. LanningSupreme Court of Kansas · 1946
  4. Reeder v. GorsuchSupreme Court of Kansas · 1895
  5. Wylly-Gabbett Co. v. WilliamsSupreme Court of Florida · 1907

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