Auld v. Kimberlin
Supreme Court of Kansas
Error from Broxon District Court. Replevin, commenced by Kimberlin, in March, 1867, against David Auld and George W. Taylor, to recover possession of twenty yoke of oxen, twenty ox-yokes, and thirteen iron chains, which Kimberlin claimed as owner.
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Error from Broxon District Court. Replevin, commenced by Kimberlin, in March, 1867, against David Auld and George W. Taylor, to recover possession of twenty yoke of oxen, twenty ox-yokes, and thirteen iron chains, which Kimberlin claimed as owner. The property was of the value of $1,472. At the commencement of the action the plaintiff filed an affidavit for an order of delivery, which was admitted to be in compliance with the law then in force, (amendment to code of 1862, Comp. L., p. 237, § 1,) except in the clause requiring affiant to state that the property “ was not taken in execution on…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
*606i Payment ot iihf”conm]>uisory — aud effect oí. *605A question for decision is raised in limine. The judgment was.rendered in the district court on the 16th of October, 1867. Execution was issued on the 8th of April, 1868, which was placed in the hands of the sheriff, who, with the execution in his hands, collected the money of Auld, one of the plaintiffs in. error, on the 26th of May, 1S68. The case was brought to this court, and the parties entered an appearance, before the expiration of three years from the rendition of the judgtnent. *606moti…
Also in this document: Concurrence.
2Cited by10 opinions
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Nausley v. NausleySupreme Court of Kansas · 1957
- Kerr v. ReeceSupreme Court of Kansas · 1882
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Minneapolis Threshing Machine Co. v. FranciscoSupreme Court of Kansas · 1920
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