Bowling v. Garrett
Supreme Court of Kansas
Error from Wyandotte District Court. Action by Garrett and another against Bowling, as sheriff, and the Badger Dumber Company, to enjoin defendants from selling certain land on execution. Judgment for plaintiffs, at the December term, 1889. The defendants bring the case to this court. The facts are stated in the opinion.
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Error from Wyandotte District Court. Action by Garrett and another against Bowling, as sheriff, and the Badger Dumber Company, to enjoin defendants from selling certain land on execution. Judgment for plaintiffs, at the December term, 1889. The defendants bring the case to this court. The facts are stated in the opinion. The whole controversy resolves itself into this: Can a defendant, by agreement with an outside party, deprive a plaintiff of his statutory right to have a judgment rendered during the term become a lien as of the first day of the term upon real estate owned by said defendant…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Wyandotte county on May 11, 1889, by Robert Garrett and D. J. Griest against Thomas B. Bowling, sheriff, and the Badger Lumber Company, to perpetually enjoin the defendants from selling certain real estate upon execution. The defendants demurred to the plaintiffs’ petition, upon the ground that it did not state facts sufficient to constitute a cause of action, which demurrer was overruled, and the defendants electing to stand upon their demurrer, judgment was rendered in favor of the…
2Cases cited13 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Holden v. GarrettSupreme Court of Kansas · 1879
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3Cited by16 opinions
- J. I. Case Threshing MacH. Co. v. Walton Trust Co.Supreme Court of Oklahoma · 1913
- East St. Louis Lumber Co. v. SchnipperIllinois Supreme Court · 1923
- Kuhn v. National BankSupreme Court of Kansas · 1906
- Colorado Savings Bank v. BalesSupreme Court of Kansas · 1917
- First National Bank of Laramie v. CookWyoming Supreme Court · 1904
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