Legal Opinion

Rucker v. Feiferlich

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 14 opinions

Error from Bourbon District Court. Replevin, brought by Donovan & Feiferlicli as plaintiffs, to recover the possession of certain barrels of turpentine and coal oil. The plaintiffs were merchants^ at St. Louis, and had sold and shipped the turpentine and oil to L. E. Conner & Co., merchants, Fort Scott.

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Error from Bourbon District Court. Replevin, brought by Donovan & Feiferlicli as plaintiffs, to recover the possession of certain barrels of turpentine and coal oil. The plaintiffs were merchants^ at St. Louis, and had sold and shipped the turpentine and oil to L. E. Conner & Co., merchants, Fort Scott. Bucher, as constable, held a' writ of execution against Conner & Co., and by virtue of such writ had levied on the goods while in possession of the carrier, had paid the freight charges to the carrier, and take n the goods into his possession. The plaintiffs demanded possession of Bucher,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of replevin brought by defendants in error in the district court of Bourbon county. The testimony is not in the record, and the case is before us on the pleadings, the findings, and judgment. The petition alleges an absolute ownership. The findings show that the goods were in the possession of Rucker as constable by virtue of proper and legal process against the firm of L. E. Conner & Co. Plaintiff’s title was based upon an attempted exercise of the right of stoppage in transitu. The findings are, that plaintiffs at St.…

2Cases cited4 opinions

  1. People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
  2. Town of Leroy v. McConnellSupreme Court of Kansas · 1871
  3. Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
  4. Aguirre v. ParmeleeSupreme Court of Connecticut · 1852

3Cited by14 opinions

  1. Citizens State Bank v. First National BankSupreme Court of Kansas · 1916
  2. Schuster, Hingston & Co. v. CarsonNebraska Supreme Court · 1890
  3. Spangler v. ButterfieldSupreme Court of Colorado · 1882
  4. A. B. Symns & Co. v. Wm. Schotten & Co.Supreme Court of Kansas · 1886
  5. Chicago, Burlington & Quincy Railroad v. J. Painter & SonsNebraska Supreme Court · 1884

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