Kennedy v. Brown
Supreme Court of Arkansas
Error from Wilson District Court. Action by Brown, against Kennedy and others, upon á redelivery bond in replevin. Trial at September Term, 1877, of the district court, and judgment for plaintiff. Defendants bring the case here. The facts are sufficiently set forth in the opinion.
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Error from Wilson District Court. Action by Brown, against Kennedy and others, upon á redelivery bond in replevin. Trial at September Term, 1877, of the district court, and judgment for plaintiff. Defendants bring the case here. The facts are sufficiently set forth in the opinion. We think that the court below erred in sustaining the plaintiff’s objection to the offer made by the defendants to prove, among other things, that at the time Brown commenced the action of replevin against Kennedy, the property sought to be recovered in the action was not, and never had been in the county of Wilson,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The defendant, as receiver, brought an action of replevin in the court below, to recover certain property from J. G. Kennedy, one of the plaintiffs in error. Kennedy, as principal, and the other plaintiffs in error, executed a bond as required by law, to the effect that the defendant should perform whatever judgment might be rendered against him in the action.
The court rendered judgment in the replevin action in favor of the plaintiff, expressly finding all the issues in his favor, and specially finding that at the beginning of the action…
2Cases cited2 opinions
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- Larson v. HansonNorth Dakota Supreme Court · 1913
- Park v. EnsignSupreme Court of Kansas · 1903
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