Shoemaker, Miller & Co. v. Simpson
Supreme Court of Kansas
Error from Douglas District Cov/rt. Replevin for 26 bars of railroad iron, brought by Shoemaker, Miller & Co. as plaintiffs, against Wm. A. Simpson, and two others. The opinion, infra, contains a full statement of the facts and proceedings.
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Error from Douglas District Cov/rt. Replevin for 26 bars of railroad iron, brought by Shoemaker, Miller & Co. as plaintiffs, against Wm. A. Simpson, and two others. The opinion, infra, contains a full statement of the facts and proceedings. Trial by the court, without a jury, at the June Term 1871. Findings and judgment in favor of the defendants, and plaintiffs bring the case here for review. submitted, that as the iron was not so affixed to defendants’ freehold that it could not be removed without injuring the freehold, and as it was not placed upon the premises by plaintiffs, or with their…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*47statement of the case. *46This was an action of replevin brought by Shoemaker, Miller & Co. against Wm. A. Simpson and others, for the recovery of twenty-six bars of railroad iron. The facts, stated briefly, are substantially as follows: Originally Shoemaker, Miller & Co. owned a large lot of railroad iron (including said twenty-six bars) at the state line, near *47Wyandotte. They intended to use said iron in building a railroad, which they had previously agreed to build for the Kansas Pacific Railway Company, (then Union Pacific Railway…
2Cases cited9 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Trudo v. AndersonMichigan Supreme Court · 1862
- Hines v. AmentSupreme Court of Missouri · 1869
- Clark v. LewisIllinois Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Velsian v. LewisOregon Supreme Court · 1888
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Chapin v. JenkinsSupreme Court of Kansas · 1893
21 more not listed; retrieve them via the Exa API.