Kennedy v. Beck
Supreme Court of Kansas
Error from Smith District Court. Replevin, brought by Kennedy against A. W. Green, Nicholas Clemens, Judson McNall, Charles McNall, Samuel Beck, C. P. Newell, and Webster McNall, to recover possession of a portable steam saw-mill, valued at $2,000. An order of delivery was issued and executed, which was afterward, at the May Term 1874, and on motion of defendant Beck, vacated and set aside on the ground that said order of delivery was issued, not at or after the commencement…
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Error from Smith District Court. Replevin, brought by Kennedy against A. W. Green, Nicholas Clemens, Judson McNall, Charles McNall, Samuel Beck, C. P. Newell, and Webster McNall, to recover possession of a portable steam saw-mill, valued at $2,000. An order of delivery was issued and executed, which was afterward, at the May Term 1874, and on motion of defendant Beck, vacated and set aside on the ground that said order of delivery was issued, not at or after the commencement of the action, but some eighteen days previously to the issuing of the summons. From such order vacating and setting…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*560 !• Rrecipcsufficiency.
*559This was an action of replevin brought by Kennedy against Samuel Beck and six others. The only rulings of the court below of which the plaintiff now complains are such as were made in favor of the defendant Beck, and against the plaintiff. The facts of the case necessary to be known, in order to have a correct understanding of said rulings, are as follows: On January 27th 1874 the plaintiff filed in the office of the clerk of the district court of Smith county his petition, affidavit, undertaking, precipe, and some *560o…
2Cited by2 opinions
- Carr v. HuffmanSupreme Court of Kansas · 1891
- Phillips v. DickeySupreme Court of Kansas · 1955