Shellabarger v. Nafus
Supreme Court of Kansas
Error from Neosho District Court. Eepleyin for 2120 feet of lumber, brought before a justice of the peace, by Mary:A. Shellabarger, a married woman. Nafus, defendant, as constable, had taken the property upon process against plaintiff’s husband. The case was appealed to the district court, and was there tried at the December Term 1871. The material questions, and the instructions in relation thereto, are fully stated in the opinion, infra.
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Error from Neosho District Court. Eepleyin for 2120 feet of lumber, brought before a justice of the peace, by Mary:A. Shellabarger, a married woman. Nafus, defendant, as constable, had taken the property upon process against plaintiff’s husband. The case was appealed to the district court, and was there tried at the December Term 1871. The material questions, and the instructions in relation thereto, are fully stated in the opinion, infra. Verdict and judgment for defendant, and plaintiff brings the case here on error. 1. The paper produced by defendant, if it really was an execution, was not…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin, brought by Mary A. Shellabarger against John H. Nafus. It appears from the record that the defendant was a constable; that he held an execution against the property of the plaintiff’s husband, one Solomon Shellabarger; that the constable levied said execution upon the property in controversy, as the prop*552erty of the plaintiff’s husband; that the plaintiff then replevied the property, claiming the same as hers, and claiming that it never did belong to her husband. When the constable levied on said property he…
2Cases cited11 opinions
- Knowles v. PeopleMichigan Supreme Court · 1867
- Callanan v. ShawSupreme Court of Iowa · 1868
- State v. HorneSupreme Court of Kansas · 1872
- Bradley v. DentonWisconsin Supreme Court · 1854
- Campbell v. StateSupreme Court of Kansas · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. PotterSupreme Court of Kansas · 1876
- State v. StewartSupreme Court of Kansas · 1988
11 more not listed; retrieve them via the Exa API.