McVey v. Burns
Supreme Court of Kansas
Error from Osborne District Court. Burns brought replevin for one bay mare and one brown horse, claiming ownership and right of possession.
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Error from Osborne District Court. Burns brought replevin for one bay mare and one brown horse, claiming ownership and right of possession. Me Vey answered, first, a general denial, and second, that he was constable, and as such officer he had taken and held possession of said mare and horse under and by virtue of a writ of execution issued by him upon a judgment duly rendered against said Burns for the costs of a certain action, (describing it.) Reply, general denial, and a. special averment that the process under which defendant claimed the right of possession was void, and setting up a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The action below' was replevin. The plaintiff there (defendant in error here,) obtained possession of the property by the writ, and then when the case was called for trial moved the court to dismiss the action without prejudice. This motion was sustained, and of this ruling plaintiff in error complains. The court at the.same time that it sustained the motion to dismiss ordered that the property replevied be returned to the defendant, and that the plaintiff pay the costs of the action. We see no error in the ruling of the court. In all cases…
2Cases cited1 opinion
- Marix v. FrankeSupreme Court of Kansas · 1872
3Cited by7 opinions
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- Manning v. ManningSupreme Court of Kansas · 1881
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
- McKey v. LauflinSupreme Court of Kansas · 1892
- Aetna Life Ins. v. Township of LakinCourt of Appeals for the Eighth Circuit · 1894
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