Brock v. Cottingham
Supreme Court of Kansas
Hr or from Montgomery District Court. Action of replevin, brought by Oottingham and another, against J. T. Brook and Uri Coy. Trial at the March Term, 1879, of the district court, and judgment for the plaintiffs. Brock brings the case here. The opinion contains a sufficient statement of the facts. It was error to reject the evidence as to the substance of the execution.
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Hr or from Montgomery District Court. Action of replevin, brought by Oottingham and another, against J. T. Brook and Uri Coy. Trial at the March Term, 1879, of the district court, and judgment for the plaintiffs. Brock brings the case here. The opinion contains a sufficient statement of the facts. It was error to reject the evidence as to the substance of the execution. The testimony of Hudson and Brock, with the record of the district court of Montgomery county, was •undoubtedly sufficient evidence of the issuing of the execution, and of the loss of the original, so as to permit second,ary…
1Opinion of the Court
'The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin, brought by J. W. Cottingham and W. V. Cottingham against J. T. Brock and Uri Coy. The defendants answered jointly, filing a general denial. Their defense was conducted jointly, and by the same counsel, and judgment was rendered against them jointly, although it is clear from the proceedings and the evidence that all of Coy’s sympathies were with the plaintiffs. Brock alone brings the case to this court; and this is right, for Coy is undoubtedly perfectly satisfied with the judgment of the court below. But…
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