Frankhouser v. Ellett
Supreme Court of Kansas
Error from Osage District Court. Replevin, brought by Ellett against Frankhouser, sheriff of Osage county, to recover certain goods and chattels taken by said sheriff by virtue of a writ of attachment issued by B. N. Wyatt, a justice of the peace of that county, in a certain action pending before said justice, wherein Tenant, Walker & Co. were plaintiffs, and C. J. Kendall was defendant.
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Error from Osage District Court. Replevin, brought by Ellett against Frankhouser, sheriff of Osage county, to recover certain goods and chattels taken by said sheriff by virtue of a writ of attachment issued by B. N. Wyatt, a justice of the peace of that county, in a certain action pending before said justice, wherein Tenant, Walker & Co. were plaintiffs, and C. J. Kendall was defendant. The case was appealed, and tried at the April Term, 1877, of the district court, by the court, upon an agreed statement of facts. Findings and judgment for the plaintiff. Frankhouser brings the case here for…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Action of replevin. Judgment in favor of plaintiff, defendant in error, to review which this proceeding in error has been brought. Passing by all preliminary questions as to the sufficiency of the record, we pass to a consideration of the substantial matters in dispute. The case was tried by the court, without a jury, and upon an agreed statement of facts.
This statement of facts shows that on March 9th, 1876, one Charles J. Kendall was indebted to the defendant in error, Ellett, for money borrowed — $3,263.43 — and as an accommodation…
2Cases cited10 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Robinson v. ElliottSupreme Court of the United States · 1875
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
- Golden v. CockrilSupreme Court of Kansas · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Ephraim v. KelleherWashington Supreme Court · 1892
- Leser v. GlaserSupreme Court of Kansas · 1884
- Noyes v. RossMontana Supreme Court · 1899
- Vermillion v. First National BankIndiana Court of Appeals · 1914
23 more not listed; retrieve them via the Exa API.