Burlington National Bank v. Beard
Supreme Court of Kansas
Error from Coffey District Court. The original action was commenced September 5, 1889, by M. L. Beard and G. W. Beard, as partners, against J. R. Garrett, the Burlington National Bank, the Bank of LeRoy, and Lane & Kent, partners, to re-cove! damages for the taking and conversion of certain cattle and hogs of the alleged value of $4,050, and 60 acres of standing and growing wheat said to be'worth $1,800. A trial at April term, 1890, resulted in a judgment in favor of the…
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Error from Coffey District Court. The original action was commenced September 5, 1889, by M. L. Beard and G. W. Beard, as partners, against J. R. Garrett, the Burlington National Bank, the Bank of LeRoy, and Lane & Kent, partners, to re-cove! damages for the taking and conversion of certain cattle and hogs of the alleged value of $4,050, and 60 acres of standing and growing wheat said to be'worth $1,800. A trial at April term, 1890, resulted in a judgment in favor of the plaintiffs against J. R. Garrett and the two banks for $4,042.73 and costs of suit. James H. Beard, the father of the…
1Opinion of the Court
The opinion of the court was delivered by
MartiN, C. J. :
I. On the trial of the case the plaintiffs were permitted, over the objection of the defendants, to testify to a transaction with their father whereby they claimed ownership of the property levied on by the sheriff. It is asserted by the plaintiffs in error that this ruling was erroneous, and whether it was so or not depends upon the construction to be given to the word “assignee,” as used in § 322 of the code of civil procedure, which, so far as necessary to the consideration of this case, reads as follows:
“No party shall be allowed to…
2Cases cited4 opinions
- Tennent v. BatteySupreme Court of Kansas · 1877
- Mamlock v. WhiteCalifornia Supreme Court · 1862
- Gillet v. PhelpsWisconsin Supreme Court · 1860
- Smith v. BoyerNebraska Supreme Court · 1890
3Cited by12 opinions
- Ogle v. Oklahoma City Horse & Mule Com. Co.Supreme Court of Oklahoma · 1935
- Brown v. BrownSupreme Court of Kansas · 1901
- Connett v. City of JerseyvilleCourt of Appeals for the Seventh Circuit · 1941
- Scott v. BennettSupreme Court of Oklahoma · 1929
- Pulsifer v. ArbuthnotSupreme Court of Kansas · 1898
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