Standard Implement Co. v. Lansing Wagon Works
Supreme Court of Kansas
Error from Cowley District Court. Hon. A. M. Jackson, Judge. This is a controversy between attaching creditors of P. G. Van Vleet. The Lansing Wagon Works, a corporation, brought suit against Van Vleet on the fifth of February, 1892, to recover the sum of twenty-five hundred dollars for goods sold and delivered; which sum, it was alleged,- was then due and payable. An attachment was issued, and levied on the property of the defendant.
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Error from Cowley District Court. Hon. A. M. Jackson, Judge. This is a controversy between attaching creditors of P. G. Van Vleet. The Lansing Wagon Works, a corporation, brought suit against Van Vleet on the fifth of February, 1892, to recover the sum of twenty-five hundred dollars for goods sold and delivered; which sum, it was alleged,- was then due and payable. An attachment was issued, and levied on the property of the defendant. On the next day, the Standard Implement Company brought suit against Van Vleet on a promissory note for one thousand dollars and' interest; and the Grand Detour…
1DissentJohnston, J.
The only difference of opinion in the case is as to the extent of inquiry that may be made upon the application or intervention of a subsequent attaching creditor. The practice in our state differs widely from that of others, where, under their statutes, intervention is considered to be an independent proceeding. Here, the subsequent attaching creditor or other person who claims an interest may come into the original proceeding, and by motion or interplea directly attack the validity or sufficiency of the'first attachment. That this may be done is as well established as any rule which has…
2Cases cited9 opinions
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- United States Express Co. v. LucasIndiana Supreme Court · 1871
- Bateman Bros. v. RamseyTexas Supreme Court · 1889
- Pierce v. MyersSupreme Court of Kansas · 1882
- Davis v. EppingerCalifornia Supreme Court · 1861
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