Legal Opinion

Cook Bros. & Co. v. Burnham, Hanna, Munger & Co.

Court of Appeals of Kansas

Decided April 1, 1896No. 92PublishedCited by 5 opinions

Memorandum. — Error from Shawnee district court; John Guthrie, judge ; Action by Burnham, Hanna, Munger & Co. against Cook Bros. & Co., in which an attachment was issued. There was an order overruling a motion to discharge the attachment, and a judgment for plaintiffs. Defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Garver, J. :

October 10, 1891, the defendants in error, as plaintiffs, instituted this action against the plaintiffs in error for the recovery of money alleged *28to be owing, but not due, on a note and open account. At the commencement of the action an attachment was duly allowed, issued, and levied upon certain property of defendants below. Thereafter, on a hearing had, the defendants’ motion to dissolve the attachment was overruled, and a judgment subsequently rendered for the amount of the plaintiffs’. claim.' The overruling of the motion to discharge…

2Cases cited19 opinions

  1. Coleman v. . BurrNew York Court of Appeals · 1883
  2. Potter v. McDowellSupreme Court of Missouri · 1860
  3. Babcock v. . EcklerNew York Court of Appeals · 1862
  4. Hilliard v. CagleMississippi Supreme Court · 1872
  5. Lawson v. FunkIllinois Supreme Court · 1884

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3Cited by5 opinions

  1. Myers v. the First Presbyterian Church of PerrySupreme Court of Oklahoma · 1902
  2. American Nat. Bank of Tishomingo v. RobertsSupreme Court of Oklahoma · 1911
  3. Galbraith v. Oklahoma State BankSupreme Court of Oklahoma · 1912
  4. El Reno Vitrified Brick & Tile Co. v. C. W. Raymond Co.Supreme Court of Oklahoma · 1915
  5. Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921

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