Chicago & Atchison Bridge Co. v. Fowler
Supreme Court of Kansas
Error from Wyandotte District Court. ON January 26,1889, the Chicago & Atchison Bridge Company brought an action against the Anglo-American Packing and Provision Company, George Fowler, Alexander Muir, and Arthur Booth.
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Error from Wyandotte District Court. ON January 26,1889, the Chicago & Atchison Bridge Company brought an action against the Anglo-American Packing and Provision Company, George Fowler, Alexander Muir, and Arthur Booth. In the petition it was alleged that on June 25, 1885, the bridge company obtained a judgment against the packing company in the United States circuit court for $3,404.74 ; that an execution was issued upon the judgment and placed in the hands of the United States marshal, who, on December 6, 1887, levied upon certain real estate in Wyandotte county as the property of the…
1Opinion of the Court
The opinion of the court was delivered by
Joi-iNSTON, J. :
7. £oacema'le~ Several questions are presented upon a preliminary motion to dismiss the proceeding in error. One ground of the motion is that the case-made is invalid, having been allowed without notice. By the terms of the order the case was to be settled and signed on three days’ notice, and it appears that after it was duly served it was presented to the judge, who settled and signed the same without notice to the defendant. Afterward, and before the expiration of the year, a notice was served-that on a certain day the case would be…
2Cases cited6 opinions
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- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Ballin v. LoebWisconsin Supreme Court · 1890
- Bullitt, Miller & Co. v. Taylor & RichardsonMississippi Supreme Court · 1858
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- Ft. Smith & W. R. v. State Nat. Bank of ShawneeSupreme Court of Oklahoma · 1909
- Peterson v. GittingsSupreme Court of Iowa · 1899
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