Treadway v. Ryan
Supreme Court of Kansas
Error from Leavenworth, County. This action was brought by the defendants in error against the plaintiff in error to recover a balance of, and the attachment was issued for $6,889.28, alleged in the affidavit to be “ a balance found due and owing from said defendant to said plaintiffs on a settlement and statement of the accounts between said plaintiffs and said defendant on the 29th day of December 1865, and that said balance is due from said defendant to said plaintiffs…
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Error from Leavenworth, County. This action was brought by the defendants in error against the plaintiff in error to recover a balance of, and the attachment was issued for $6,889.28, alleged in the affidavit to be “ a balance found due and owing from said defendant to said plaintiffs on a settlement and statement of the accounts between said plaintiffs and said defendant on the 29th day of December 1865, and that said balance is due from said defendant to said plaintiffs for money theretofore advanced by said plaintiffs to said defendant at his request.” A motion was made to discharge the…
1Opinion of the Court
By the Oowrt,
Crozier, C. J.
Two questions are presented by the record in this ease : First, what will sustain an attachment in a suit by one partner against another on the ground of non-residency of the defendant ? Secondly, was this such a case ?
I. Section 199 of the Code of Civil Procedure, authorizes an attachment in any civil action for the recovery of money upon any one of nine enumerated grounds, with but a single limitation, viz : if the ground upon which the attachment is asked be the non-residency of the defendant, it must appear that the claim upon which the suit is sought to be…
2Cited by5 opinions
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