Karr v. Stahl

The opinion of the court was delivered by

Graves, J.:

Where an officer takes personal property •from the owner by virtue of a writ issued in void legal proceedings, can such owner maintain replevin therefor against the officer? This is the sole question involved in this controversy.

The plaintiff, William A. Karr, was a druggist and pharmacist in the city of Topeka. The defendant, Frank M. Stahl, was chief of police in that city. On July 31, 1904, a warrant was duly issued by the police court for the arrest of Karr, and for the search of his premises and the seizure of all intoxicating liquors…