Avery v. Eastes
Supreme Court of Kansas
Error from, Bourbon District Court. Trespass, brought by Eastes, against Avery, a constable, and Gottlieb, an execution-creditor of one Harris. Trial at the September Term 1875 of the district court. Judgment in favor of Eastes for $259.75, and costs. Avery and Gottlieb bring the case here. The facts are stated in the opinion. contended, that the verdict is not sustained by sufficient evidence.
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Error from, Bourbon District Court. Trespass, brought by Eastes, against Avery, a constable, and Gottlieb, an execution-creditor of one Harris. Trial at the September Term 1875 of the district court. Judgment in favor of Eastes for $259.75, and costs. Avery and Gottlieb bring the case here. The facts are stated in the opinion. contended, that the verdict is not sustained by sufficient evidence. The testimony shows a plain case of fraud and conspiracy upon the part of Eastes, Harris, and Somerville, to assist Harris in defrauding his creditors; and as the general rule of reviewing courts is…
1Opinion of the Court
The opinion by the court was delivered by
Valentine, J.:
Jacob Gottlieb commenced an action in a justice’s court against T. D. Harris, An order of attachment was issued in said action, and delivered to James J. Avery, constable. Avery levied the same upon a team of horses, a wagon, harness, fly-nets, blanket, and whip, as the property of said Harris, and afterward sold the same. W. J. Eastes claimed the property, and commenced this action in the district court of Bourbon county to recover its value. A trial was had, and the plaintiff Eastes recovered a verdict and judgment against the…
2Cited by7 opinions
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- Bank of Inman v. GravesSupreme Court of Kansas · 1938
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