Repine v. McPherson
Supreme Court of Kansas
Mrror from, Leavenworth Oounty. Replevin was brought by defendant in error in tlie Court below. .Plaintiff in error justified his possession of the property by. pleading, that he was Sheriff of Leavenworth County; that he had the property in his possession by virtue of an attachment issued in a case wherein Adam Jacobs was plaintiff and Louis A- Welton, defendant.
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Mrror from, Leavenworth Oounty. Replevin was brought by defendant in error in tlie Court below. .Plaintiff in error justified his possession of the property by. pleading, that he was Sheriff of Leavenworth County; that he had the property in his possession by virtue of an attachment issued in a case wherein Adam Jacobs was plaintiff and Louis A- Welton, defendant. Defendant in error purchased the property in question from Welton subsequent to the date of the original attachment and its service, and with full knowledge thereof. The plaintiff below, proved the taking and possession of the…
1Opinion of the Court
By the Court,
Crozier, C. J.
The only question in this case, is: Was the District Court for Leavenworth County legally authorized to lender, as it attempted to do, the judgment against Welton, in the case of Jacobs v. Welton?
The record shows that Welton was a non-resident, but it no where appears that he was personally served with process, or that he ever appeared to answer in this action. Nor does it appear, either from the affidavit for the attachment, the affidavit for the publication or the return of the sheriff, that he had a particle of property within the jurisdiction of the Court. The…
2Cited by17 opinions
- Denton v. MillerSupreme Court of Kansas · 1922
- Hargis v. MorseSupreme Court of Kansas · 1871
- Garrett v. StrubleSupreme Court of Kansas · 1896
- P. J. Willis & Bro. v. Mooring & BlanchardTexas Supreme Court · 1885
- Muller v. PlueNebraska Supreme Court · 1895
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