Gilmore v. Butts
Supreme Court of Kansas
Error from Miami district court; John T. Burris, judge. STATEMENT. This was an action of replevin brought by Gilmore, the plaintiff .in error, to recover the possession of a stock of dry-goods of the alleged value of over $6000. Gilmore had taken possession of the property by virtue of two chattel mortgages executed and delivered to him by S. A. Steele.
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Error from Miami district court; John T. Burris, judge. STATEMENT. This was an action of replevin brought by Gilmore, the plaintiff .in error, to recover the possession of a stock of dry-goods of the alleged value of over $6000. Gilmore had taken possession of the property by virtue of two chattel mortgages executed and delivered to him by S. A. Steele. The first mortgage was for the sum of $3438.85, and the second for $750. After possession taken by the mortgagee, various creditors of S. A. Steele commenced actions by attachment and levied on the goods in Gilmore’s possession as the property…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
In our investigation of the questions of law involved in this case we have in no manner been assisted by the brief of counsel for plaintiff in error. Nearly all of the assignments complain of erroneous rulings by the court below in the most general terms. The following is a fair example of the manner in which alleged errors are pointed out:
“ 10th. The court erred in admitting the testimony of Clay B. Steele over the objection of the plaintiff, on pages 134, 137, 138, 139, 140, 141, 142, 143, 144, 145, 148, 154, 155, 156, 157, 158, 159, 160,…
2Cases cited7 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Burton v. DriggsSupreme Court of the United States · 1874
- Stebbins v. DuncanSupreme Court of the United States · 1883
- Solomon Railroad v. JonesSupreme Court of Kansas · 1885
- Alexandria, Arcadia & Fort Smith Railroad v. JohnsonSupreme Court of Kansas · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. EmorySupreme Court of Kansas · 1924
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
- State v. ChadwellSupreme Court of Kansas · 1915
- Smith v. ScullySupreme Court of Kansas · 1903
- Broughan v. BroughanSupreme Court of Kansas · 1901