Legal Opinion

Pracht v. Pister

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 3 opinions

Error from Marion District Court. Action by Pracht against Pister, for the possession of certain wheat. Trial at the November Term, 1882, and verdict and judgment for defendant. Plaintiff brings the judgment here for review. The opinion states the case. It is apparent from an inspection of the paper claimed by plaintiff in error to be in substance and effect an execution, that it contains every element that is necessary or essential to that writ.

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Error from Marion District Court. Action by Pracht against Pister, for the possession of certain wheat. Trial at the November Term, 1882, and verdict and judgment for defendant. Plaintiff brings the judgment here for review. The opinion states the case. It is apparent from an inspection of the paper claimed by plaintiff in error to be in substance and effect an execution, that it contains every element that is necessary or essential to that writ. The record in the case discloses that every prerequisite of an execution existed prior to the issuance of this paper by the justice. The right to an…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

On November 21,1881, the firm of Pracht, Schultz & Co. recovered a judgment before a justice of the peace against the defendant for the sum of $260.20. Of the validity of this judgment there is no question. In fact, the judgment was rendered upon the personal admission of the defendant. Thereafter, without issuing execution and for some inexplicable reason, the plaintiffs filed an affidavit for an order of attachment. The order of attachment was issued and levied upon certain personal property, to wit, fifty acres of growing wheat; and upon…

2Cases cited4 opinions

  1. Cooley v. BraytonSupreme Court of Iowa · 1864
  2. Paine v. SpratleySupreme Court of Kansas · 1870
  3. Rockwell v. JonesIllinois Supreme Court · 1859
  4. Porter v. HaskellSupreme Judicial Court of Maine · 1834

3Cited by3 opinions

  1. Grand Rapids Chair Co. v. RunnelsMichigan Supreme Court · 1889
  2. Clark v. TandySupreme Court of Kansas · 1917
  3. Merwin v. HawkerSupreme Court of Kansas · 1884

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