Barclay v. Salmon
Fayette Circuit Court
Error to the Court of Common Pleas of Fayette county. This suit was brought before a justice of the peace by Salmon as receiver, and afterward appealed to the court of common pleas.
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Error to the Court of Common Pleas of Fayette county. This suit was brought before a justice of the peace by Salmon as receiver, and afterward appealed to the court of common pleas. In his amended petition he avers, in substance, his appointment and qualifying as receiver in a certain action in said court, and his authorization to bring this suit; that by the order appointing him the defendants, to the action in which he was appointed, were directed to deliver to him possession of certain real estate, and he to take possession, rent the same and collect the rents; that prior to the date of…
1Opinion of the CourtSummers, J.
Several questions are presented : first, does the petition state a cause of action ; second, is a bill of exception necessary to bring the affidavit before this court; and third, the sufficiency of the affidavit.
The averment of ownership in the amended petition is based upon the facts slated, for otherwise they are not pertinent, and they are not sufficient to constitute the receiver owner of the property sought to be replevied.
It does not appear that Barclay was a party to the suit in which the receiver was appointed, or that he took the lease lis pendens. It does appear that Barclay rented…
2Cases cited6 opinions
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- Thompson v. HigginbothamSupreme Court of Kansas · 1877
- Burke v. MayallSupreme Court of Minnesota · 1865
- Mound City Mutual Life Insurance v. TwiningSupreme Court of Kansas · 1874
- Brenner v. WeaverSupreme Court of Kansas · 1863
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