R. L. McDonald & Co. v. Swisher
Supreme Court of Kansas
Error from Sherman District Court. Hon. Charles W. Smith, Judge. This was an action of replevin commenced by R. L. McDonald & Co. against W. B. Swisher, who was coroner, acting in the capacity of sheriff, to recover a stock of goods valued in the petition and in the affidavit at the sum of $5,500, in a building at Goodland.
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Error from Sherman District Court. Hon. Charles W. Smith, Judge. This was an action of replevin commenced by R. L. McDonald & Co. against W. B. Swisher, who was coroner, acting in the capacity of sheriff, to recover a stock of goods valued in the petition and in the affidavit at the sum of $5,500, in a building at Goodland. William Bowers and the Sherman County State Bank (the name of which was subsequently changed to the Sherman County Bank) were afterward made parties, and permitted to file answers. W. H. Daly had been the owner of said stock of goods, and, being insolvent, on March…
1Opinion of the CourtMartin, C. J.
1. Case-made— Waiver of notice of settling. I. A preliminary question is raised by the defendant in error, who claims that the certificate of the Judge to the case-made is insufficient on its face ; and, further, that the defendant was not present personally nor by counsel at the settlement of the case-made, and had no notice thereof. The certificate is informal in some respects, but we think it sufficient, for it appears therefrom that the Judge settled and signed the case-made, and caused the same to be attested by the Clerk under the seal of the Court; and these are the chief requisites…
2Cases cited4 opinions
- Corbin v. KincaidSupreme Court of Kansas · 1885
- Hoey v. PierronWisconsin Supreme Court · 1886
- Griffiths v. Wheeler & BarberSupreme Court of Kansas · 1883
- Eddy v. IrelandUtah Supreme Court · 1889
3Cited by5 opinions
- Moffatt v. FoutsSupreme Court of Kansas · 1916
- McDonald v. SwisherSupreme Court of Kansas · 1899
- Wakeman v. GreenanSupreme Court of Oklahoma · 1916
- In Re Bacon's EstateSupreme Court of Oklahoma · 1916
- Sherman County Bank v. R. L. McDonald & Co.Supreme Court of Kansas · 1896