Wilson v. Panne
Court of Appeals of Kansas
Memorandum. — Error from Barton district court; J. H. Bailey, judge. Action in replevin by Emma Panne against F. D. Wilson, as sheriff of Barton county. Judgment for plaintiff. The defendant brings the case to this court. Statement of the Case. On January 22, 1890, Prank D. Wilson, sheriff of Barton county, levied on 504 bushels and 10 pounds of wheat in a bin, under an execution in favor of Diffenbacher & Banta, and against Henry Mehrhoff, as Mehrhoff’s property.
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Memorandum. — Error from Barton district court; J. H. Bailey, judge. Action in replevin by Emma Panne against F. D. Wilson, as sheriff of Barton county. Judgment for plaintiff. The defendant brings the case to this court. Statement of the Case. On January 22, 1890, Prank D. Wilson, sheriff of Barton county, levied on 504 bushels and 10 pounds of wheat in a bin, under an execution in favor of Diffenbacher & Banta, and against Henry Mehrhoff, as Mehrhoff’s property. On January 27,1890, Emma Panne, a daughter of Mehrhoff, commenced this action of replevin for the wheat against the sheriff,…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
This is an action in replevin, brought by Emma Panne against F. D. Wilson, sheriff of Barton county, Kansas, in the district court of Barton county, to recover possession of 500 bushels of wheat which had been levied upon by him under *723an execution against Henry Mehrhoff. The judgment was for the plaintiff below, and Wilson brings the case here for review.
The real. question at issue in this case is, Was the wheat the property of Emma Panne? The first error complained of by the plaintiff in error is the refusal of the court to strike out…
Also in this document: Concurrence.
2Cases cited3 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- Simpson v. SmithSupreme Court of Kansas · 1882
3Cited by3 opinions
- Kester v. AmonMontana Supreme Court · 1927
- Fletcher v. City of AltusSupreme Court of Oklahoma · 1940
- R. L. McDonald & Co. v. GriceCourt of Appeals of Kansas · 1899