Donnell v. Reese
Court of Appeals of Kansas
Error from Bourbon District Court. Hon. W. C. Perry, Judge pro tern. This action was commenced on September 24, 1891, by plaintiff in error against Simon Reese, as Sheriff of Bourbon County, Kansas, and G. W. Katzung, one of the sureties on said Sheriff's official bond, to recover $740.81 as damages for an alleged conversion of several tons of hay, a quantity of broom-corn and a bay press, belonging to plaintiff, which property was levied on and sold by the sheriff as the…
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Error from Bourbon District Court. Hon. W. C. Perry, Judge pro tern. This action was commenced on September 24, 1891, by plaintiff in error against Simon Reese, as Sheriff of Bourbon County, Kansas, and G. W. Katzung, one of the sureties on said Sheriff's official bond, to recover $740.81 as damages for an alleged conversion of several tons of hay, a quantity of broom-corn and a bay press, belonging to plaintiff, which property was levied on and sold by the sheriff as the property of S. Donnell, the husband of plaintiff, under an execution bearing date of November 21, 1890, and reciting a…
1Opinion of the CourtMilton, J.
i. statement part, At the outset, the motion filed by defendant in error Reese to dismiss the petition in error requires consideration. The contention is that the case-made contains no proper certificate or statement showing that all of the .evidence introduced on the trial is preserved. The only statement on this point is the following, which appears immediately after the journal entry of judgment and on the same page with the latter :
“And inasmuch as the above and foregoing matters and things do not appear of record herein, the said plaintiff presents this as a true case-made herein,…
2Cases cited5 opinions
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Winstead v. StandefordSupreme Court of Arkansas · 1878
- Newby v. MyersSupreme Court of Kansas · 1890
- Moody v. ArthurSupreme Court of Kansas · 1876
- Schilling v. BlackSupreme Court of Kansas · 1892
3Cited by3 opinions
- O'Meara v. McDermottMontana Supreme Court · 1909
- Smith v. CaldwellMontana Supreme Court · 1899
- Winfield National Bank v. JohnsonCourt of Appeals of Kansas · 1899