Adams v. Gillam
Supreme Court of Kansas
Error from Sumner District Court. ACTION by W. H. GHllam against Thomas M. Adams, as sheriff, for wrongful attachment. There was judgment for plaintiff, and defendant brings error.
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Error from Sumner District Court. ACTION by W. H. GHllam against Thomas M. Adams, as sheriff, for wrongful attachment. There was judgment for plaintiff, and defendant brings error. It seems to us that the same rule of damages applies in this case that would have applied if the defendant in error had re-plevied the goods from the sheriff, instead of filing his motion to have the goods discharged from the attachment, and had in the replevin suit sought to recover attorney’s fees and traveling expenses in that suit. If he could not recover his attorney’s fees and traveling expenses in the…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
The defendant in error, W. H. Gillam, held a chattel mortgage executed by his son, W. N. Gillam, on a stock of groceries. The plaintiff in error, who was defendant below, as sheriff of Sumner county, levied two attachments on the stock, one in the suit of Beckman, Mercer & Co. v. W. N. Gillam, and the other of Austin Bros, against the same party. The plaintiff appeared by motions in those suits, asking that the goods be discharged from the attachments, on the ground that they were his property under such chattel mortgage, and not the property…
2Cases cited3 opinions
- Winstead v. HulmeSupreme Court of Kansas · 1884
- Tyler v. SaffordSupreme Court of Kansas · 1884
- Dow v. JulienSupreme Court of Kansas · 1884
3Cited by1 opinion
- Beloit v. GreenIdaho Supreme Court · 1926