W. B. Dickenson & Bro. v. Cowley
Supreme Court of Kansas
Error from Brown District Court, In an action in a justice’s court, wherein Cowley was plaintiff and one George Parker was defendant, a constable, upon an order of attachment, seized and held 1,000 bushels of corn, and a lot of other property. Dickenson & Bro. served a written notice on Cowley, as authorized by § 1 of ch. 164, Laws of 1872, claiming said corn, and that the trial of the right of property would be had before the justice on a certain day. Such trial was had.
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Error from Brown District Court, In an action in a justice’s court, wherein Cowley was plaintiff and one George Parker was defendant, a constable, upon an order of attachment, seized and held 1,000 bushels of corn, and a lot of other property. Dickenson & Bro. served a written notice on Cowley, as authorized by § 1 of ch. 164, Laws of 1872, claiming said corn, and that the trial of the right of property would be had before the justice on a certain day. Such trial was had. Parker made no appearance to the action, nor to the attachment proceedings, at any time. As to him the justice continued…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case are briefly as follows: Defendant in error commenced a suit before a justice of the peace against one George Parker, and caused an attachment to be issued and levied on a certain lot of corn. Plaintiffs in error came in under ch. 164 of the laws of 1872, and *273claimed the property. They claimed under a chattel mortgage given by Parker. The proceedings before the justice were commenced before the filing of this mortgage, and it is conceded by counsel for plaintiffs in error that if Cowley “acquired any right by virtue of…
2Cases cited1 opinion
- Repine v. McPhersonSupreme Court of Kansas · 1864
3Cited by9 opinions
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- Mentzer v. EllisonColorado Court of Appeals · 1896
- Noyes v. CanadaUnited States Circuit Court · 1887
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