Redinger v. Jones
Supreme Court of Kansas
Error from Johnson district court; W. H. Sheldon,., judge. STATEMENT. In the month of February, 1900, Frank B. Houlette recovered a judgment against J. E. Redinger for the sum of $400 and costs. On October 11, 1900, an execution upon this judgment was issued to the sheriff of the proper county and levied upon certain corn in the shock, as the property of the judgment debtor.
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Error from Johnson district court; W. H. Sheldon,., judge. STATEMENT. In the month of February, 1900, Frank B. Houlette recovered a judgment against J. E. Redinger for the sum of $400 and costs. On October 11, 1900, an execution upon this judgment was issued to the sheriff of the proper county and levied upon certain corn in the shock, as the property of the judgment debtor. On October 18 of the same year Redinger made a demand upon the sheriff for the possession of the corn, on the' ground that it formed a part of the exemption to which he was entitled as the head of a family. On October 22…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J. :
This action was one of replevin. The gist of it was wrongful detention. The return of specific property was demanded. Damages were asked . for wrongful detention, and the value of the property was prayed for only in the event a return of it could not be had.
The l’emedy of replevin is specific in purpose and limited in scope. It can only be invoked against a wrongful detention, which must exist at the time the suit is commenced. One who does not have the possession of coveted things does not detain them wrongfully and cannot be compelled to…
2Cases cited16 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
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3Cited by19 opinions
- Hiniger v. JudySupreme Court of Kansas · 1965
- Citizens State Bank v. Shawnee Fire InsuranceSupreme Court of Kansas · 1913
- Braniff v. BaierSupreme Court of Kansas · 1917
- Sandefur v. HinesSupreme Court of Kansas · 1904
- Stanton v. BarnesSupreme Court of Kansas · 1906
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