Wells, Fargo & Co. v. Danford
Supreme Court of Kansas
Error from Sumner .District Court. Action by Wells, Fargo & Co. against the Merchants’ and Drovers’ Banh of Caldwell, Kansas, J. S. Danford and W. D. C. Smith, to recover the sum of $8,000, with interest at the rate of seven per cent, from the 30th day of November, 1881. The petition was filed on the 5th day of December, 1881,.in the district court of Sumner county, upon two drafts drawn by the bank on the 22d day of October, 1881, upon the Chase national bank, of New York.…
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Error from Sumner .District Court. Action by Wells, Fargo & Co. against the Merchants’ and Drovers’ Banh of Caldwell, Kansas, J. S. Danford and W. D. C. Smith, to recover the sum of $8,000, with interest at the rate of seven per cent, from the 30th day of November, 1881. The petition was filed on the 5th day of December, 1881,.in the district court of Sumner county, upon two drafts drawn by the bank on the 22d day of October, 1881, upon the Chase national bank, of New York. city. • Each draft was payable to the order of O. C. Brown, for the sum of $4,000, which drafts were afterward indorsed…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The affidavit filed in this case to obtain an order of attachment against the property of defendants, Danford and Smith, was defective, as it failed to set forth the nature of the plaintiffs’ claim. The question therefore occurs, whether the district judge should have granted the plaintiffs’ request for leave to amend the affidavit. This court long ago decided that an affidavit for an order of attachment may generally be amended. (Burton v. Robinson, 5 Kas. 287.) Counsel for defendants contend, however, that a judge at chambers . has not…
2Cases cited7 opinions
- Ferguson v. SmithSupreme Court of Kansas · 1872
- Robinson v. BurtonSupreme Court of Kansas · 1870
- Gaylord v. StebbinsSupreme Court of Kansas · 1866
- Shedd v. McConnellSupreme Court of Kansas · 1877
- Burton v. RobinsonSupreme Court of Kansas · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kent Oil Co. v. WaddillSupreme Court of Kansas · 1929
- Reister v. LandSupreme Court of Oklahoma · 1904
- Coyle Mercantile Co. v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1898
- Baker Manufacturing Co. v. KnottsSupreme Court of Kansas · 1883
- Arkansas City Lumber Co. v. ScottCourt of Appeals of Kansas · 1897
1 more not listed; retrieve them via the Exa API.