Hickman v. C. H. Fargo & Co.
Court of Appeals of Kansas
Memorandum. — Error from Cowley district court; M. G-. Tr.oup, judge. Action by O. H. Fargo, J. Benliam, 0. E. Fargo, and S. M. Fargo, copartners, doing business under the firm name and style of C. H. Fargo & Co., against John T. Hickman and John G. Woods. Judgment for plaintiffs. Defendants bring the case here.
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Memorandum. — Error from Cowley district court; M. G-. Tr.oup, judge. Action by O. H. Fargo, J. Benliam, 0. E. Fargo, and S. M. Fargo, copartners, doing business under the firm name and style of C. H. Fargo & Co., against John T. Hickman and John G. Woods. Judgment for plaintiffs. Defendants bring the case here. The statement of the case, as made by Johnson, P. J., is as follows : This case was c.ommenced in the district court of Sumner county and taken to Cowley county on change of venue, on account of the judge of the district court of Sumner county having been interested in the case as an…
1Opinion of the Court
The opinion of the court was delivered by
Johnson, P. J.':
The first question for the consideration of the court is, whether an undertaking to release a debtor from imprisonment under § 511 of the code of civil procedure, where the bond runs in the name of the debtor as principal and two other parties as sureties, and is executed by the sureties alone, is a valid obligation. Section 511 reads as follows :
“Any person imprisoned under the provisions of this article shall be entitled to prison bounds, which shall be coextensive with the county, upon executing an undertaking, with one or more…
2Cases cited7 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Tillson v. StateSupreme Court of Kansas · 1883
- Henrie v. BuckSupreme Court of Kansas · 1888
- Ingram v. StateSupreme Court of Kansas · 1873
- Hays v. ClosonSupreme Court of Kansas · 1878
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