Legal Opinion

Reyburn v. Brackett

Supreme Court of Kansas

Decided October 15, 1863PublishedCited by 7 opinions

Error from, Douglas Coxmty. Tbe facts of the case are stated in the opinion of the Court. The case was submitted on briefs. 1st. An affidavit for an order of attachment under Section 200 of tho Code, in which the grounds of attachment are positively stated, need not state the facts and circumstances upon which the alleged grounds of attachment are founded. And if stated they will be deemed surplussage.

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Error from, Douglas Coxmty. Tbe facts of the case are stated in the opinion of the Court. The case was submitted on briefs. 1st. An affidavit for an order of attachment under Section 200 of tho Code, in which the grounds of attachment are positively stated, need not state the facts and circumstances upon which the alleged grounds of attachment are founded. And if stated they will be deemed surplussage. Code, Sec. 156,y?. 103 ; Sec. 185,y?. 108; Seo. 200, y?. Ill; Hew Yorlc Code, p. 278, note 9; 13 Howard, 318 ; Ebnerds Opinion in S. C.; S. C. Ohio. 2d. The granting of an order of attachment…

1Opinion of the Court

By the Court,

Kingman J.

This was an action brought by the plaintiff in error against the defendants in error in the District Court of Douglas County, to recover of the defendants in exTor the sum of $3,816 and interest thereon due on a promissory note givexx by defendants to the plaintiff.

The petition is in the usual form and at the time of the commencement of the action, the plaintiff obtained an or*233der of attachment from the Clerk of said Court against the property of the defendants.

The ground of the attachment was a fraudulent disposition of the property of the defendants, with intent to…

2Cited by7 opinions

  1. Keith v. StetterSupreme Court of Kansas · 1881
  2. Hillhouse v. City of Kansas CitySupreme Court of Kansas · 1977
  3. State ex rel. Little v. MitchellSupreme Court of Kansas · 1893
  4. Board of County Commissioners v. ChallissSupreme Court of Kansas · 1902
  5. Gillett v. ThieboldSupreme Court of Kansas · 1872

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