Linder v. Murdy
Supreme Court of Kansas
Error from Barton District Court. Action by Murdy against Linder, on his answer in a garnishment proceeding had in an action brought before a justice of the peace by Murdy against James A. and S. S. Shields. Judgment for plaintiff on said answer; the defendant appealed to the district court. Trial before E. C. C., judge pro tern, presiding, and a jury, at the adjourned June Term, 1885 ; verdict aud judgment for plaintiff, for $187.77. The defendant brings the case here.
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Error from Barton District Court. Action by Murdy against Linder, on his answer in a garnishment proceeding had in an action brought before a justice of the peace by Murdy against James A. and S. S. Shields. Judgment for plaintiff on said answer; the defendant appealed to the district court. Trial before E. C. C., judge pro tern, presiding, and a jury, at the adjourned June Term, 1885 ; verdict aud judgment for plaintiff, for $187.77. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
Opinion by
Clogston, C.:
The defendant in error brought an action in a justice's court, in Barton county, against Shields & Shields, and caused the plaintiff in error to be garnished. On January 3,1883, the plaintiff in error answered as follows:
“Ques.: At the time you were served with the notice of garnishment, in the above-entitled action, had you then, or had you since that time, or have you now in your possession or under your control, any property, moneys or credits of the above-named defendants ?
“Ans.: I am indebted to James A. Shields in about the sum *153of two hundred dollars, on…
2Cases cited1 opinion
- Phelps v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
3Cited by2 opinions
- Madden v. Union Pacific RailroadSupreme Court of Kansas · 1913
- Madden v. PfeiferSupreme Court of Kansas · 1920