Beamer v. Winter
Supreme Court of Kansas
Motion for Rehearing. The defendants in error filed a motion for a rehearing, which the court decided at its session in July, 1889, and then filed the opinion, infra. The material facts are stated in Beamer v. Winter, ante, p.297, and in the opinion herein.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the motion for a rehearing the proposition is forcibly presented that the note of November 12, 1885, executed by L. E. and L. O. Beamer. to Mrs. Z. S. *597Welborn, was seized in the hands of Ira P. Nye, the garnishee, in the city of Eureka. The claim is that the garnishee summons was served in the city of Eureka, and thereby that there was a constructive attachment of the note in his hands. It appears from the evidence that Ira P. Nye received the note from Mrs. Welborn, with instruction to sell it for her, Nye delivered the note, which…
2Cases cited2 opinions
- Seymour, Sabin & Co. v. CooperSupreme Court of Kansas · 1881
- Paulsen v. HallSupreme Court of Kansas · 1888
3Cited by11 opinions
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- Barton v. SpencerSupreme Court of Oklahoma · 1895
- International Finance Corp. v. JawishDistrict Court, District of Columbia · 1934
- Linn County Bank v. DavisSupreme Court of Kansas · 1921
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