Johnson v. Weatherwax
Supreme Court of Kansas
Error from Franklin District Court. Action on a delivery or forthcoming bond. Weatherwaxbrought suit against Johnson, and sued out an order of attachment, A4rhich aatis executed by the sheriff of Franklin county. The attached property consisted .of a lot of cattle, appraised at $442. To release this property Johnson executed to and in favor of the sheriff a forthcoming bond, Avith Thompson Jones, as surety.
Read the full summary
Error from Franklin District Court. Action on a delivery or forthcoming bond. Weatherwaxbrought suit against Johnson, and sued out an order of attachment, A4rhich aatis executed by the sheriff of Franklin county. The attached property consisted .of a lot of cattle, appraised at $442. To release this property Johnson executed to and in favor of the sheriff a forthcoming bond, Avith Thompson Jones, as surety. Final judgment aatis rendered against Johnson, for $307.08 and costs, and for the sale of the attached property, etc. Both Johnson and Jones refused to deliver the cattle to the sheriff,…
1Opinion of the Court
The opinion of the court Avas delivered by
Brewer, J.:
Is a forthcoming bond in attachment, running to the officer and not to the plaintiff _in the attachment, Amid? This is the first and substantial question in the case.. *76The statute provides tliat it shall run to the plaintiff: Code, •.§ 199, (Gen. Stat.) p. 666.) This therefore does not conform to the statute, and cannot be supported as a statutory bond. But it does not follow that this bond has no validity. It may be good as a common-law obligation. It is good as .such, unless it contravene public policy, or violate a statute: Shepherd v.…
2Cases cited9 opinions
- Bibb v. ReidSupreme Court of Alabama · 1841
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Lewis v. StoutWisconsin Supreme Court · 1867
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. HillNebraska Supreme Court · 1896
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- Abbott v. WilliamsSupreme Court of Colorado · 1890
- Mullen v. MorrisNebraska Supreme Court · 1895
- Woodward v. BinghamSupreme Court of Oklahoma · 1910
8 more not listed; retrieve them via the Exa API.