First National Bank v. Parkhurst
Supreme Court of Kansas
Error from Cloud District Court. This was an action of replevin, brought on the 15th of March, 1889, by Frank C. and C. T. Parkhurst against The First National Bank of Clyde, to recover certain personal property, consisting of cattle, horses, and agricultural implements, of the alleged value of $1,476. The petition alleged, inter alia, that plaintiffs were the owners, etc., of the property.
Read the full summary
Error from Cloud District Court. This was an action of replevin, brought on the 15th of March, 1889, by Frank C. and C. T. Parkhurst against The First National Bank of Clyde, to recover certain personal property, consisting of cattle, horses, and agricultural implements, of the alleged value of $1,476. The petition alleged, inter alia, that plaintiffs were the owners, etc., of the property. Trial had before the court, with a jury, at the April term for 1889. The jury returned a verdict in favor of the plaintiffs and against the defendant, and fixed the value of the property unlawfully taken…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
I. It is insisted that the trial court erred in not striking out the testimony of Frank C. Parkhurst, and in overruling the objections to the testimony of George Parkhurst relative to the ownership of the property described in the petition, on the ground that it was at variance with the *157allegations thereof. The petition alleged the plaintiffs “ were the owners of, and entitled to the immediate possession of, the property.” We have ruled recently that, where a plaintiff has a special ownership or interest in property which he seeks to…
2Cited by2 opinions
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Quackenbush v. GrafSouth Dakota Supreme Court · 1916