Tootle, Hosea & Co. v. Joseph Cahn & Co.
Supreme Court of Kansas
Error from Clark District Court. Action by Tootle, Hosea & Co., against E. S. Miner. Plaintiff had judgment, and an order continuing the lien of an attachment previously issued. Joseph Cahn & Co., intervening, moved to set aside the attachment so far as the same appeared to be superior to an attachment in their favor against the same defendant. From a judgment sustaining the motion, at the January term, 1889, plaintiffs bring error.
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Error from Clark District Court. Action by Tootle, Hosea & Co., against E. S. Miner. Plaintiff had judgment, and an order continuing the lien of an attachment previously issued. Joseph Cahn & Co., intervening, moved to set aside the attachment so far as the same appeared to be superior to an attachment in their favor against the same defendant. From a judgment sustaining the motion, at the January term, 1889, plaintiffs bring error. The court erred in not sustaining plaintiffs’ demurrer to the evidence of Jos. Cahn & Co. Prior to the time of the service of the garnishment, August 9,1888, the…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
A retail dealer in merchandise, at Ashland, named Miner, failed in business, and the result was that sev*76eral separate attachment actions were brought against him by creditors, among whom were the parties to this proceeding. Several of the actions were prior, in point of time, to those of the parties herein, and in all of them judgments were rendered at the following term of court, in March, 1888. No controversy exists as to the actions first brought, or as to the attachments first levied. In one of the prior actions, an order was made by…
2Cited by2 opinions
- Joseph Cahn & Co. v. Tootle, Wheeler, & MotterSupreme Court of Kansas · 1897
- Karr v. BurnsCourt of Appeals of Kansas · 1895