Smith v. McCoole
Court of Appeals of Kansas
Error from Kiowa District Court. Hon. S. W. Leslie, Judge. This is a suit in replevin to recover possession of certain cattle. The plaintiff below alleged in her petition : “That she is the rightful owner of the following personal property and entitled to the immediate possession of the same, to wit: 6 head of one-year-old heifers; 12 head of one-year-old steers; 21 head of mixed cows, all of the aggregate value of twelve hundred dollars.”
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Error from Kiowa District Court. Hon. S. W. Leslie, Judge. This is a suit in replevin to recover possession of certain cattle. The plaintiff below alleged in her petition : “That she is the rightful owner of the following personal property and entitled to the immediate possession of the same, to wit: 6 head of one-year-old heifers; 12 head of one-year-old steers; 21 head of mixed cows, all of the aggregate value of twelve hundred dollars.” At the commencement of her suit she filed an affidavit of -which the descriptive part is as follows : “Six head of one-year-old heifers, value $120; 12…
1Opinion of the CourtJohnson, P. J.
Section 119 of the Code of Civil Procedure (¶4202, Gen. Stat. 1889) provides:
“When the • allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defense is not apparent, the court may require the pleading to be made definite and certain by amendment.”
Section 176 of the Code of Civil Procedure (¶- 4259, Gen. Stat. 1889) provides:
“The plaintiff, in an action to recover the possession of specific personal property, may, at the commencement of the suit or at any time before answer, claim the immediate delivery of such property, as provided in this…
2Cited by8 opinions
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- Hawley v. KocherCalifornia Supreme Court · 1898
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