Kansas City v. Gough
Supreme Court of Kansas
Error from Atchison District Court. On March 7, 1884, W. M. Gough and J. M. Linley, partners as Cough & Linley, filed their bill of particulars against The Kansas City, St. Joseph & Council Bluff's Railroad Company, alleging that on January 23, 1883, they brought their action before a justice of the peace of Atchison county against Jesse Gaut for $20, and that in said action upon due proceedings certain money due to said Gaut was garnished in the hands of the railroad…
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Error from Atchison District Court. On March 7, 1884, W. M. Gough and J. M. Linley, partners as Cough & Linley, filed their bill of particulars against The Kansas City, St. Joseph & Council Bluff's Railroad Company, alleging that on January 23, 1883, they brought their action before a justice of the peace of Atchison county against Jesse Gaut for $20, and that in said action upon due proceedings certain money due to said Gaut was garnished in the hands of the railroad company; that on February 3, 1883, judgment was rendered in favor of the plaintiffs against said Gaut, by the justice, for…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Two questions are presented in this case: First, are the findings of fact supported by the evidence? Second, are the personal earnings of Jesse Gaut, due to him from the Kansas City, St. Joseph & Council Bluffs Railroad Company, exempt from the payment of the judgment recovered against him by Gough & Linley? The disputed finding of fact is as follows:
“After the order of the justice of the peace of February 15, 1883, overruling the motion for the discharge of the garnishee and denying the exemption, said Jesse Gaut did not desire any…
2Cases cited4 opinions
- Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
- Rice v. NolanSupreme Court of Kansas · 1885
- Missouri Pacific Railway Co. v. MaltbySupreme Court of Kansas · 1885
- Miller v. NoyesSupreme Court of Kansas · 1885
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- In Re FernandezUnited States Bankruptcy Court, W.D. Texas · 2011
- Union Pacific Railway Co. v. BakerCourt of Appeals of Kansas · 1897
- Bond v. TurnerOregon Supreme Court · 1898