Stone v. Bird
Supreme Court of Kansas
Error from Montgomery District Qowrt. One Seth B. Doane commenced an action in the district court of Montgomery county against one Richard Bird, and obtained therein an order of attachment, which Stone,, as sheriff, levied upon a stallion and a filly, as the property of said R. B., and took them into his possession.
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Error from Montgomery District Qowrt. One Seth B. Doane commenced an action in the district court of Montgomery county against one Richard Bird, and obtained therein an order of attachment, which Stone,, as sheriff, levied upon a stallion and a filly, as the property of said R. B., and took them into his possession. Thereupon, Albert Bird, as plaintiff, brought replevin against Stone to recover possession of said stallion, claiming ownership and right of póssession in himself. Trial at the December Term 1874. Verdict and judgment for plaintiff, and defendant Stone brings the case here on…
1Opinion of the Court
*490The opinion of the court was delivered by
Brewer, J.:
1. Evidence; striking out improper answer. The question in this case is, whether at the time of the seizure the property in controversy belonged to Richard Bird, or to the plaintiff, Albert Bird. Said Richard and Albert were father and son, the latter being at the time of the attachment, 22 years of age. Up to that time they had lived together, and upon the father’s farm. The horse was a stallion of some speed, and had been driven in a race or two, the father handling and training him. Albert claimed to have bought the animal when a co]£…
2Cases cited11 opinions
- McCorkle v. StateIndiana Supreme Court · 1860
- Nelson v. IversonSupreme Court of Alabama · 1853
- Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
- Upson v. RaifordSupreme Court of Alabama · 1856
- Cory v. SilcoxIndiana Supreme Court · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Wyandotte v. GibsonSupreme Court of Kansas · 1881
- Henderson v. ReynoldsSupreme Court of Georgia · 1889
- State v. McKinneySupreme Court of Kansas · 1884
- Adams v. CookSupreme Court of Vermont · 1917
- Hubbard v. CheneySupreme Court of Kansas · 1907
13 more not listed; retrieve them via the Exa API.