Paul v. Hodges
Supreme Court of Kansas
Error from, Bice District Court. Replevin brought by Hodges against Paul, to recover the possession of an Illinois Haines header. At the June Term, 1880, the court overruled the defendant’s motion to set aside the affidavit and order of delivery, becausé'of the insufficiency •of the affidavit filed in the case. This ruling the defendant brings here for review.
1Opinion of the Court
" The opinion of the court was delivered by
Horton, C. J.:
This was an action of replevin, brought by Hodges against Paul. To obtain an order for the delivery ■of the personal property, the plaintiff filed his affidavit containing the requisite averments, excepting that he omitted therefrom the words that “he is entitled to the immediate possession of the property.” Afterward, defendant presented his motion to quash and set aside the affidavit and order of delivery, because of the insufficiency of the affidavit filed in the case. The court overruled the motion, and herein committed error. Sec.…
2Cited by6 opinions
- Meyer Bros. v. LaneSupreme Court of Kansas · 1889
- Olson v. ThompsonSupreme Court of Oklahoma · 1897
- German Insurance v. HallCourt of Appeals of Kansas · 1895
- J. I. Case Threshing Machine Co. v. RossoNebraska Supreme Court · 1907
- Smith v. Wisconsin Investment Co.Wisconsin Supreme Court · 1902
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