McGlothlin v. Madden
Supreme Court of Kansas
Error from, Linn District Court. Replevin, brought by Madden, against McGlothlin, to recover the possession of one horse and one colt which McGlothlin had seized and held upon an execution as constable. The material facts are stated in the opinion. The district' court, at the October Term 1874, gave judgment upon demurrer for the plaintiff, and McGlothlin brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 10th of June 1872, Decker & Bro. obtained a judgment before a justice of the peace against Josiah Sykes. Sykes obtained a stay of execution, Madden, defendant in error, going upon the undertaking therefor as surety. "When the stay expired, the judgment still remaining unpaid, the justice issued execution against Sykes as principal, and Madden as surety, as authorized by § 12 of ch. 88 of the laws of 1870, and placed the same in the hands of plaintiff in error, as constable. The latter, finding no property of the principal, levied as…
2Cases cited5 opinions
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
- Westenberger v. WheatonSupreme Court of Kansas · 1871
- Robinson v. YonSupreme Court of Florida · 1859
- Horine v. WoodsCourt of Appeals of Kentucky · 1803
- Williams v. HallCourt of Appeals of Kentucky · 1834
3Cited by5 opinions
- Green v. McMurtrySupreme Court of Kansas · 1878
- Bailey v. BayneSupreme Court of Kansas · 1878
- Blair v. ShewSupreme Court of Kansas · 1880
- Karr v. StahlSupreme Court of Kansas · 1907
- Goodwin v. SutheimerCourt of Appeals of Kansas · 1898