Legal Opinion

Blake v. Powell

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 14 opinions

Error from, Elk District Court. Beplevin, brought by Blake against Powell, to recover the possession of a general stock of merchandise. Trial at the April Term, 1881, of the district court, and verdict and judgment for the defendant. The plaintiff brings the case to this court. The facts appear in the opinion.

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Error from, Elk District Court. Beplevin, brought by Blake against Powell, to recover the possession of a general stock of merchandise. Trial at the April Term, 1881, of the district court, and verdict and judgment for the defendant. The plaintiff brings the case to this court. The facts appear in the opinion. Plaintiff’s examination of the witness Hanson was confined strictly to questions tending to show the facts as to possession and claim of ownership upon the 11th day of October, 1880, that being the day he was deprived of such possession by the act of the defendant. There were one or two…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an action for replevin, in which the plaintiff here was plaintiff in the court below, and the property sought to be recovered a general stock of merchandise taken by the defendant in his capacity as sheriff of Elk county, by virtue of certain orders of attachment issued out of the district court of said county against the firm of Carter & Hemenway. Verdict and judgment below were for defendant. A motion for a new trial was duly made and overruled, and now this case is before us for review.

The plaintiff claims as purchaser from one of…

2Cases cited7 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Thornburgh v. HandCalifornia Supreme Court · 1857
  3. Atchison, Topeka & Santa Fe Railroad v. BlackshireSupreme Court of Kansas · 1872
  4. Ferguson v. RutherfordNevada Supreme Court · 1872
  5. Haynes v. LedyardMichigan Supreme Court · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Conley v. MervisSupreme Court of Pennsylvania · 1936
  2. Sayres v. AllenOregon Supreme Court · 1894
  3. Davis v. GraySupreme Court of Oklahoma · 1913
  4. State v. McCorveySupreme Court of Kansas · 1967
  5. Eoff v. AlexanderSupreme Court of Oklahoma · 1916

9 more not listed; retrieve them via the Exa API.

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