McGonigle v. Gordon
Supreme Court of Kansas
Error from Leavenworth District Cowrt. Action against McGonigle and Bueldey upon an undertaking executed by them as sureties. The body of the undertaking is as follows: [Title.] “'Whereas, Wm.
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Error from Leavenworth District Cowrt. Action against McGonigle and Bueldey upon an undertaking executed by them as sureties. The body of the undertaking is as follows: [Title.] “'Whereas, Wm. Gordon, John Gordon and John Kirch, partners as Gordon & Kirch, have commenced a civil action against S. J. Shepler and C. C. Jordan, owners of the steamer Monongahela, in the court above named, within and for the county of Leavenworth, to recover the sum of $423.90; and whereas, an order of attachment has been issued in said action, and the steamer Monongahela, as the property of said Shepler and…
1Opinion of the Court
*174The opinion of the court was delivered by
Kingman, C. J.:
This was an action on an attachment bond given under §213 of the code. The plaintiffs in error were the sureties on the bond. A special werdict was demanded on all the issues of fact.under § 7 of the act of 1870. (Laws of 1870, p. 173.) The error alleged is, that the facts as found by the special verdict do not authorize the judgment rendered. The rule by which this question must be determined is found in § 285 of the code. The facts must be so presented as that nothing remains to the court but to draw from them conclusions of law. But…
2Cited by8 opinions
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- Drovers' Live Stock Commission Co. v. Custer County State BankSupreme Court of Oklahoma · 1907
- Eddy v. MooreSupreme Court of Kansas · 1879
- Couse v. PhelpsSupreme Court of Kansas · 1874
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