Walker v. Coleman
Supreme Court of Kansas
Error from Sedgwick Court of Common Pleas. The defendants here were the plaintiffs in the court below, and the action was brought to recover the value of a stock of goods alleged to have been unlawfully taken by the defendant below, who is plaintiff in error, and will be hereafter called the defendant. Trial had at the May term, 1890. Verdict and judgment for plaintiff for $3,896.86 and costs, and the defendant brings the case to this court for review.
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Error from Sedgwick Court of Common Pleas. The defendants here were the plaintiffs in the court below, and the action was brought to recover the value of a stock of goods alleged to have been unlawfully taken by the defendant below, who is plaintiff in error, and will be hereafter called the defendant. Trial had at the May term, 1890. Verdict and judgment for plaintiff for $3,896.86 and costs, and the defendant brings the case to this court for review. The defendant in due time hied an application to remove the cause to the circuit court of the United States for the district of Kansas on the…
1Opinion of the Court
The opinion of the court was delivered by
MartiN, C. J. :
I. The application to remove the cause to the United States circuit court for the district *384of Kansas was properly overruled. The mere fact that the defendant was a United States marshal, justifying under a writ of attachment issued from the federal court, did not confer upon him any right of removal under the several acts of congress relating to that subject. The order of attachment was issued under the laws of the state of Kansas, the federal courts having concurrent jurisdiction with the state courts in certain cases ; but no federal…
2Cases cited2 opinions
- Wheeler v. WallaceMichigan Supreme Court · 1884
- Cronkhite v. DickersonMichigan Supreme Court · 1883
3Cited by5 opinions
- State v. PhillipsWashington Supreme Court · 1910
- State v. MarekSupreme Court of Kansas · 1930
- Hamilton v. HarrisonSupreme Court of Kansas · 1928
- Ghumm v. JoschSupreme Court of Kansas · 1931
- Cone v. Citizens BankCourt of Appeals of Kansas · 1896