Wilson v. Me-ne-chas ex rel. Shu-ka-see
Supreme Court of Kansas
M'ror from Jachson District Court. Charles L. WilsoN, plaintiff in error, was a constable of Holton township, Jackson county, and as such, on an execution issued upon a valid judgment against Charles Sheppard, levied upon one gray horse as his property.
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M'ror from Jachson District Court. Charles L. WilsoN, plaintiff in error, was a constable of Holton township, Jackson county, and as such, on an execution issued upon a valid judgment against Charles Sheppard, levied upon one gray horse as his property. Shu-ka-see, an Indian boy at that time about fifteen years of age, claimed to own the horse, and an action was brought in a justice’s court for its recovery, entitled “Me-ne-chas as next friend of Shu-ka-see? plaintiff, against Charles L. Wilson, defendant.” Me-ne-chas made an affidavit in replevin, in which he says he is the father of the…
1Opinion of the Court
Opinion by
Holt, C.:
There is no error of the court in overruling the suggestion of the defendant to correct the transcript of the justice, for the plain reason there was no evidence offered to support it. From the bill of particulars and the affidavit in replevin it is very evident Me-ne-chas claimed that Shu-ka-see was the real plaintiff in the action, and although it would have been correct to have followed the provisions of § 10, chapter 81, Compiled Laws of 1885, and have had Me-ne-chas appointed as guardian to the suit, or possibly to have commenced the action under the form and style of…
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