Legal Opinion

Ferguson v. Smith

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 7 opinions

Error from Labette District Court. "Ferguson sued Smith and another for an alleged indebtedness, and obtained an order of attachment which was levied on the property of defendants.

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Error from Labette District Court. "Ferguson sued Smith and another for an alleged indebtedness, and obtained an order of attachment which was levied on the property of defendants. Certain judgment-creditors of the defendants, not parties to the proceedings, filed a motion “to vacate and set aside the order of attachment issued in .this case”’ Notice of said motion was given to plaintiff Ferguson, and said motion was heard before the district judge at chambers on the 12th of January 1872. The defendants did not appear in person or by counsel. The record shows that— “Plaintiff Ferguson…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiff in error as plaintiff below brought suit and obtained an attachment in the district court of Labette county against the defendants in error. J. M. Wiggins and others, judgment creditors of the defendants, *396filed a motion to vacate and discharge this attachment. The defendants were not parties to this motion, interposed no motion of their own, and made no appearance. Plaintiff objected that the judgment-creditors had no right to appear in the case, and make the motion, but the judge of the district court decided otherwise, and…

2Cited by7 opinions

  1. Hodgson v. BillsonSupreme Court of Kansas · 1873
  2. Armstrong v. DurlandSupreme Court of Kansas · 1873
  3. McKinstry v. CarterSupreme Court of Kansas · 1892
  4. Steele v. BaumSupreme Court of Kansas · 1893
  5. State v. CummerfordSupreme Court of Kansas · 1876

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