Legal Opinion

Scott v. Wagner

Court of Appeals of Kansas

Decided November 11, 1895No. 53PublishedCited by 2 opinions

.Memorandum. — Error from Cloud district court; F. W. Sturges, judge. Action in replevin brought by George Wagner against Wilber Scott. Judgment for plaintiff. Defendant brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Garver, J. :

This was an action brought in the district court of Cloud county by George Wagner, defendant in error, against Wilber-Scott, plaintiff in er*388ror, to recover the' possession of 10 head of horses. The only matter this court is called upon to consider is the right of the plaintiff below to maintain the action. The facts are substantially these : On the 2d day of April, 1889, a chattel mortgage was executed by John Wagner, Clara Wagner and W. F. Wagner to Homer Kennett, on certain personal property, as security for the payment of a promissory…

2Cases cited17 opinions

  1. Aurora City v. WestSupreme Court of the United States · 1869
  2. Packet Co. v. SicklesSupreme Court of the United States · 1867
  3. People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
  4. Brown v. HolmesSupreme Court of Kansas · 1874
  5. Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892

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3Cited by2 opinions

  1. Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
  2. Winans v. RosecransCourt of Appeals of Kansas · 1898

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