H. J. Seip & Co. v. Patrie
Supreme Court of Kansas
P/rror from Washington District Court. Replevin, brought by Seip and two others, as partners, against Patrie, sheriff, etc., to recover sixty tons of stone-coal. Plaintiffs claimed as owners. The sheriff justified his taking under an execution issued to him in favor of one Carpenter against the goods and chattels of the St. Jos. & D. C. Railroad Company, and he alleged that the property belonged to said railroad company.
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P/rror from Washington District Court. Replevin, brought by Seip and two others, as partners, against Patrie, sheriff, etc., to recover sixty tons of stone-coal. Plaintiffs claimed as owners. The sheriff justified his taking under an execution issued to him in favor of one Carpenter against the goods and chattels of the St. Jos. & D. C. Railroad Company, and he alleged that the property belonged to said railroad company. Trial at the November Term 1875. Verdict and judgment for the defendant, and Seip & Co. bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by H. J. Seip & Co. against Martin Patrie, to recover the possession of certain stone-coal. The only grounds upon ’which the plaintiffs ask a reversal of the judgment below are, that the verdict upon which such judgment was rendered is against the evidence, and that, for that reason, the court below erred *14in refusing to set aside such verdict, and in refusing to grant a new trial. There is no claim that the court below erred in any ruling prior to overruling the plaintiffs’ motion for a new trial; and from…
2Cited by1 opinion
- Union Pacific Railway Co. v. DiehlSupreme Court of Kansas · 1885