Gross v. Bogard
Supreme Court of Kansas
Error from Labette District Court. Replevin, for a yoke of oxen, brought by Gross, as plaintiff, against Levi Greenfield and J. C. Bogard, as defendants. Gross claimed-the oxen as owner.
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Error from Labette District Court. Replevin, for a yoke of oxen, brought by Gross, as plaintiff, against Levi Greenfield and J. C. Bogard, as defendants. Gross claimed-the oxen as owner. He testified among other facts, that he purchased the oxen from one Wilson, in May 1875, and loaned them to Greenfield afterward, to do some breaking; that on the 21st of the following June he applied to Greenfield for them, and ascertained that Bogard, as constable, had taken them under a writ of replevin issued at the suit of a Mrs.- Knight against Wilson. It aj>peared that Bogard, after having taken the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Gross brought an action of replevin against the defendants. Upon the trial he proved title in himself, possession in defendants, and demand, and rested. In his testimony it appeared that one of the defendants claimed *289possession as constable, and by virtue of a writ of replevin in a suit of Knight against Wilson. A demurrer to the evidence was sustained.
The ruling of the district court can be sustained only upon the theory, that an action of replevin will not under any circumstances lie against an officer to recover property held by him under…
2Cases cited1 opinion
- Westenberger v. WheatonSupreme Court of Kansas · 1871
3Cited by8 opinions
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Reiley v. HaynesSupreme Court of Kansas · 1888
- Karr v. StahlSupreme Court of Kansas · 1907
- Mann v. RidenhourSupreme Court of Oklahoma · 1915
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