Legal Opinion

Arthur v. Wallace

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 13 opinions

Error from Wyandotte District Oowrt. Eeplevin, brought by Wallace to recover the possession of a piano, to which the plaintiff alleged ownership and the right of immediate possession. Arthu/r answered, claiming right of property in himself, and setting out facts showing the recovery of a judgment by A. B. Bartlett against Mrs. C.G.

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Error from Wyandotte District Oowrt. Eeplevin, brought by Wallace to recover the possession of a piano, to which the plaintiff alleged ownership and the right of immediate possession. Arthu/r answered, claiming right of property in himself, and setting out facts showing the recovery of a judgment by A. B. Bartlett against Mrs. C.G. Wallace, (plaintiff’s mother,) and a sale of said piano upon execution issued on said judgment as the property of said judgment-debtor, and a purchase thereof by defendant at such sale for the sum of $170. The case was tried at the June Term, 1870. Plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Annie P. Wallace sued John Arthur in the district court in an action of replevin to recover the possession of a piano, and damages for its detention. The verdict was for the plaintiff for the possession of the piano and $300 damages. Plaintiff remitted $240 of the damages, and judgment was entered for the balance and for the possession of the property. The defendant now seeks a reversal of that judgment.

*2691. Replevin; sufficiency, *268Several points have been presented by the counsel for plaintiff in error, and argued with ingenuity and ability.…

2Cases cited1 opinion

  1. Hazard Powder Co. v. ViergutzSupreme Court of Kansas · 1870

3Cited by13 opinions

  1. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
  2. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
  3. Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
  4. Kuhl v. Supreme Lodge Select Knights & LadiesSupreme Court of Oklahoma · 1907
  5. Briggs v. EgganSupreme Court of Kansas · 1877

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