Wilhite v. Williams
Supreme Court of Kansas
Error from Lyon District Court. Replevin for a horse, harness, and phaeton. The following is the petition that was filed : “State op Kansas, Lyon County, in the District Court.— Thomas H. Williams vs. J. H. Wilhite, Sheriff of Lyon County, Kansas.— Plaintiff for his cause of action shows to the court that he is the owner of the following-described personal property, to wit: One chestnut-colored gelding about seven years old, one low-top buggy or phaeton, one single harness.
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Error from Lyon District Court. Replevin for a horse, harness, and phaeton. The following is the petition that was filed : “State op Kansas, Lyon County, in the District Court.— Thomas H. Williams vs. J. H. Wilhite, Sheriff of Lyon County, Kansas.— Plaintiff for his cause of action shows to the court that he is the owner of the following-described personal property, to wit: One chestnut-colored gelding about seven years old, one low-top buggy or phaeton, one single harness. The said property is unlawfully detained from this plaintiff, who is entitled to the immediate possession thereof. That…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The insufficiency of the petition is first presented, and that it is fatally defective will be readily seen. It fails to describe who is plaintiff and who is defendant, either in the title or elsewhere, except as it may appear from the order or position in which the names are placed in the heading. Then there is an omission to name the pleading by inserting the word “petition” after the title of the cause, as the code positively requires. As the case comes to us, probably neither of these objections is so serious as to be fatal; but…
2Cases cited6 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Davidson v. SechristSupreme Court of Kansas · 1882
- Crawford v. FurlongSupreme Court of Arkansas · 1879
- Starr v. HinshawSupreme Court of Kansas · 1880
- Gordon v. ShieldsSupreme Court of Kansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dowd v. HeusonSupreme Court of Kansas · 1927
- Kennett v. Peters & Co.Supreme Court of Kansas · 1894
- White v. GemenySupreme Court of Kansas · 1892
- Federal Agency Investment Co. v. BakerSupreme Court of Kansas · 1927
- Mississippi Road Supply Co. v. HesterMississippi Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.