Legal Opinion

Kerr v. Reece

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 12 opinions

.Error from Greenwood District Court. Action brought by Reece against Kerr, as surety on an attachment bond. Trial at the May Term, 1881, of the district-court, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

*471’prematurely begun. a. involuntary ettectof. *470This was an action against the surety in an attachment bond, to recover damages for the wrongful suing out of the attachment. The facts in the case as disclosed by the record are as follows: On the 18th day of June, 1879, one S. J. Bever commenced an action in the district court of Greenwood county against W. S. Reece, the plaintiff in this action, upon a promissory note. In such action he sued out an order of attachment and caused it to be levied upon certain personal property and real estate of…

2Cases cited4 opinions

  1. Hoge v. NortonSupreme Court of Kansas · 1879
  2. McLaughlin v. DavisSupreme Court of Kansas · 1875
  3. Auld v. KimberlinSupreme Court of Kansas · 1871
  4. Boston v. WrightSupreme Court of Kansas · 1865

3Cited by12 opinions

  1. Newsome v. AndersonSupreme Court of Kansas · 1947
  2. Muckey v. BaehrSupreme Court of Kansas · 1944
  3. Bush v. Ætna Building & Loan Ass'n of Las VegasSupreme Court of Oklahoma · 1915
  4. Overton v. Sigmon Furniture Mfg. Co.Supreme Court of Oklahoma · 1915
  5. Swisher v. McMainSupreme Court of Kansas · 1941

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