Legal Opinion

Keith v. Stetter

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 26 opinions

Error from, Atchison District Court. ACTION brought by Edson Keith and two others, partners as Keith Brothers, against N. Stetter, to recover upon an open account for $487.15. The grounds stated in the affidavit for the writ of attachment issued at the beginning of the action are: “ That the defendant is á non-resident of the state of Kansas; that he is about to convert his property, or a part thereof, into money for the purpose of. placing it beyond the reach of his…

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Error from, Atchison District Court. ACTION brought by Edson Keith and two others, partners as Keith Brothers, against N. Stetter, to recover upon an open account for $487.15. The grounds stated in the affidavit for the writ of attachment issued at the beginning of the action are: “ That the defendant is á non-resident of the state of Kansas; that he is about to convert his property, or a part thereof, into money for the purpose of. placing it beyond the reach of his creditors; that he has property or credits which he conceals; that he has assigned, removed or disposed of, or is about to…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is a proceeding to review an order of the district court dissolving an attachment. We might fairly dispose of this case in a few words, and on a single question. The affidavit for attachment among other grounds alleged that the debt was fraudulently contracted. On the motion to dissolve, not a syllable of testimony is offered tending to disprove this. The circumstances under which the debt was contracted do not. appear — are not even referred to. Hence the sworn charge in the original affidavit remains uncoritra-dicted, and that…

2Cases cited4 opinions

  1. Hart v. HornSupreme Court of Kansas · 1867
  2. Robinson v. MelvinSupreme Court of Kansas · 1875
  3. Shedd v. McConnellSupreme Court of Kansas · 1877
  4. Reyburn v. BrackettSupreme Court of Kansas · 1863

3Cited by26 opinions

  1. Wallach v. WylieSupreme Court of Kansas · 1882
  2. Arnette v. ArnetteSupreme Court of Kansas · 1947
  3. Palmer Oil & Gas Co. v. ParishSupreme Court of Kansas · 1900
  4. State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
  5. Ford v. PeckSupreme Court of Kansas · 1924

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