Legal Opinion

Johnson v. Laughlin

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 3 opinions

Error from Labette District Court. Laughlin sued Johnson to recover the amount of a certificate of deposit issued by Johnson, as a banker, October 9th, 1869. The action was commenced May 23, 1870; the answer-day was June 30th, and the case was tried July 13th, 1870. There are five assignments of error, arising as follows: 1. At the commencement of the suit the plaintiff’s attorney, J. D. MeCue, made affidavit for an order of attachment, alleging, as grounds therefor, that “…

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Error from Labette District Court. Laughlin sued Johnson to recover the amount of a certificate of deposit issued by Johnson, as a banker, October 9th, 1869. The action was commenced May 23, 1870; the answer-day was June 30th, and the case was tried July 13th, 1870. There are five assignments of error, arising as follows: 1. At the commencement of the suit the plaintiff’s attorney, J. D. MeCue, made affidavit for an order of attachment, alleging, as grounds therefor, that “ the said Johnson has assigned his property or a part therof with intent to hinder and delay his creditors.” The order…

1Opinion of the Court

'The opinión of the court was delivered by

Valentine, J.:

In this case there are five assignments ■ of error; but as the plaintiff in error seems, from the brief filed by his counsel, to have abandoned all but the ■ third assignment, we shall not consider the others. We ■ may, however, in passing, say that we do not consider the other assignments as tenable.

In the court below, the defendant in error, James Laughlin, was plaintiff, and the plaintiff in error, W. M. .Johnson, was defendant. An attachment was issued in the case against the property of the defendant below on the grounds, as stated…

2Cited by3 opinions

  1. Ball v. Red Square Oil & Gas Co.Supreme Court of Kansas · 1923
  2. Long Bros. v. HubbardCourt of Appeals of Kansas · 1897
  3. Burlew Hardware Co. v. City of SpencerWest Virginia Supreme Court · 1925

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