Jones v. Charles P. Kellogg & Co.
Supreme Court of Kansas
Error from Shawnee District Court Action brought by Charles P. Kellogg & Co. against W. C. Jones and T. W. Thompson, to recover damages for the alleged wrongful and unlawful seizure of certain merchandise claimed by Kellogg & Co. under a chattel mortgage given to them by one L. B. Townley, of the city of Harper. Judgment for plaintiffs for $5,378, at the April term, 1889. The defendants bring the case to this court.
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Error from Shawnee District Court Action brought by Charles P. Kellogg & Co. against W. C. Jones and T. W. Thompson, to recover damages for the alleged wrongful and unlawful seizure of certain merchandise claimed by Kellogg & Co. under a chattel mortgage given to them by one L. B. Townley, of the city of Harper. Judgment for plaintiffs for $5,378, at the April term, 1889. The defendants bring the case to this court. The material facts appear in the opinion. 1. Was this action brought and prosecuted in the court below in the name of the real party in interest? The mortgage of Kellogg & Co.…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This case was brought to this court from the district court of Shawnee county, upon a petition in error and a case-made for the supreme court; and the first question presented by either party is, whether this court has any jurisdiction to hear and determine the case. The case was properly settled and signed by the trial judge, and was properly attested by the clerk and the seal attached; but it is nevertheless claimed by the defendants in error, plaintiffs below, that such judge had no power or jurisdiction to settle or sign the same; and…
2Cases cited22 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Mastin v. GraySupreme Court of Kansas · 1878
- Carter v. BennettSupreme Court of Florida · 1852
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Lowremore v. BerrySupreme Court of Alabama · 1851
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3Cited by20 opinions
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Johnson v. JohnsonSupreme Court of Kansas · 1903
- Roser v. Fourth National BankSupreme Court of Kansas · 1895
- Burnett v. DavisSupreme Court of Oklahoma · 1910
- Atchison, Topeka & Santa Fe Railway Co. v. SpauldingSupreme Court of Kansas · 1904
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