Howe Machine Co. v. Clark
Supreme Court of Kansas
Error from Johnson District Court. Eeplevin. The property in controversy was taken on the order of delivery, and delivered to the plaintiff. Trial at the November Term 1873. Verdict and judgment for defendant, for a return of the property, or for its value if return could not be had, (the value being assessed at $105,) and for $33.33 damages for its caption and detention. The plaintiff brings the case here.
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Error from Johnson District Court. Eeplevin. The property in controversy was taken on the order of delivery, and delivered to the plaintiff. Trial at the November Term 1873. Verdict and judgment for defendant, for a return of the property, or for its value if return could not be had, (the value being assessed at $105,) and for $33.33 damages for its caption and detention. The plaintiff brings the case here. The transcript shows that a motion for a new trial was made in the court below, in which sixteen grounds were stated. The petition in error assigns twenty-two supposed errors occurring at…
1Opinion of the Court
The opinion of the court w᧠delivered by
Valentine, J.:
This was an action of replevin, brought by the Howe Machine Company against James H. Clark, to recover the possession of two horses, one set of double harness, and one set' of thills. The judgment in the court below was in favor of the defendant and against the plaintiff, and the plaintiff brings the case to .this court for review. The theory of the plaintiff with regard to such property is as follows: The plaintiff originally owned the property. It employed one H. E. Tracy to procure sales of its sewing-machines in Johnson county, and…
2Cited by8 opinions
- Aultman Thrashing & Engine Co. v. KnollSupreme Court of Kansas · 1905
- Wicktorwitz v. Farmers' InsuranceOregon Supreme Court · 1897
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Taussig v. SchieldsMissouri Court of Appeals · 1887
- Wales v. MowerSupreme Court of Colorado · 1908
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