Legal Opinion

Chambers Bros. & Co. v. King Wrought-Iron Bridge Manufactory

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 35 opinions

Error from Shaumee District Court. Injunction, to restrain the collection of a judgment, brought by The King Wrought-Iron Bridge Manufactory & Iron Worhs of Topelca, against Chester Thomas, jr., as sheriff, and Wm. Chambers and four others as “Chambers Bros. & Co.” Trial at the June Term 1874. The district court found, as conclusion of law, that the judgment complained of was void, and made a decree perpetually enjoining its collection.

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Error from Shaumee District Court. Injunction, to restrain the collection of a judgment, brought by The King Wrought-Iron Bridge Manufactory & Iron Worhs of Topelca, against Chester Thomas, jr., as sheriff, and Wm. Chambers and four others as “Chambers Bros. & Co.” Trial at the June Term 1874. The district court found, as conclusion of law, that the judgment complained of was void, and made a decree perpetually enjoining its collection. Chambers Bros. & Co. appeal, and bring the case here on error. All the material facts are given in the opinion. 1. The district court of Shawnee county has no…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

statement of facts. This was an action brought for the purpose of perpetually enjoining the enforcment of a judgment claimed to be unjust and void. The facts necessary to be considered in this case are substantially as follows: On the 10th of July 1873, plaintiffs in error, Chambers Bros. & 0°., commenced an action against defendant in error in the district court of Leavenworth county. Summons was duly issued therein, and delivered to the sheriff of that county for service. The sheriff afterward returned the summons with the following…

2Cases cited3 opinions

  1. Bond v. WilsonSupreme Court of Kansas · 1871
  2. Crafts v. DexterSupreme Court of Alabama · 1845
  3. Starkweather v. MorganSupreme Court of Kansas · 1875

3Cited by35 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
  2. Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
  3. State v. HillSupreme Court of Arkansas · 1887
  4. Mastin v. GraySupreme Court of Kansas · 1878
  5. Smoot v. JuddSupreme Court of Missouri · 1904

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