Wallach v. Wylie
Supreme Court of Kansas
Error from, Alchison District Court. January 9, 1880, the First National bank of Atchison, Kansas, commenced an action of. replevin in the district court of Atchison county against the defendant in error, William H. Wylie, sheriff of said county, to recover from him certain goods, wares and merchandise, of the alleged value of $18,000, and held by Wylie as the property of Nathan Stetter, under several attachments issued in several actions against Stetter.
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Error from, Alchison District Court. January 9, 1880, the First National bank of Atchison, Kansas, commenced an action of. replevin in the district court of Atchison county against the defendant in error, William H. Wylie, sheriff of said county, to recover from him certain goods, wares and merchandise, of the alleged value of $18,000, and held by Wylie as the property of Nathan Stetter, under several attachments issued in several actions against Stetter. On January 10, 1880, the plaintiff in error, Moses Wallaoh, by leave of the court, became a party to said action, and filed his…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is an action of replevin, and the main question involved in the case is, which had the prior right to the possession of the property in controversy — Moses Wallach, or William H. Wylie? The property originally belonged to Nathan Stetter, and Wallach claimed the possession of the same by virtue of a chattel mortgage executed to him by Max N. Stetter, attorney in fact of Nathan Stetter; while Wylie claimed the property by virtue of several attachments which he, as sheriff of Atchison county, Kansas, had previously levied upon the same.…
2Cases cited11 opinions
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Russell v. . WinneNew York Court of Appeals · 1868
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Keith v. StetterSupreme Court of Kansas · 1881
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3Cited by34 opinions
- George v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1921
- Gillespie v. Federal Compress & Warehouse Co.Court of Appeals of Tennessee · 1953
- Kansas City Hydraulic Press Brick Co. v. National Surety Co.Court of Appeals for the Eighth Circuit · 1909
- Bell v. JohnsonSupreme Court of Kansas · 1935
- Winstead v. HulmeSupreme Court of Kansas · 1884
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