Shedd v. McConnell
Supreme Court of Kansas
Error from Lyon District Court. Foreclosure of mortgage, brought by Shedd against McConnell and wife. An order of attachment sued out by the plaintiff against the property of both defendants, was afterward, and on the 21st of December 1875, on defendants’ motion, dissolved by the district judge, at chambers. From this order dissolving the attachment, the plaintiff appeals, and brings the case here on error.
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Error from Lyon District Court. Foreclosure of mortgage, brought by Shedd against McConnell and wife. An order of attachment sued out by the plaintiff against the property of both defendants, was afterward, and on the 21st of December 1875, on defendants’ motion, dissolved by the district judge, at chambers. From this order dissolving the attachment, the plaintiff appeals, and brings the case here on error. The facts fully appear in the opinion. submitted, that a judge at chambers has no jurisdiction or authority to discharge an attachment. But for the. fact, that the practice of the judges…
1Opinion of the Court
The opinion of the court was delivered by reverse an order of the judge of the district court, made at chambers, discharging an attachment. It appears from the
Valentine, J.:
statementof the case. The object of this petition in error is to record that on the 1st of December 1875, J. S. Shedd commenced this action in the district court against Robert L. McConnell and Mary A. McConnell on a certain promissory note and mortgage, and at the same time procured an order of attachment to be issued by the clerk of said court, which order of attachment was on the 2d of December levied on certain goods…
2Cases cited3 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Gillespie v. LovellSupreme Court of Kansas · 1871
- Kiser v. SawyerSupreme Court of Kansas · 1868
3Cited by11 opinions
- Keith v. StetterSupreme Court of Kansas · 1881
- State v. HaunSupreme Court of Kansas · 1899
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Lisle v. CheneySupreme Court of Kansas · 1887
- Martin v. HollandIndiana Supreme Court · 1882
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