Legal Opinion

Becker v. Langford

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 1 opinion

Error from Brown District Court. Becker brought an action against Langford, and at the beginning thereof filed an affidavit for an order of attachment, which contained nine grounds.

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Error from Brown District Court. Becker brought an action against Langford, and at the beginning thereof filed an affidavit for an order of attachment, which contained nine grounds. On October 12, 1886, the defendant filed a motion to dissolve the attachment which had been granted, “because the grounds alleged in plaintiff's affidavit are each and every one untrue;'' and on the same day defendant also filed his affidavit denying the grounds for attachment alleged in the plaintiff's affidavit, and stating that the same are each and all untrue. A hearing was had, and on October 30, 1886, the…

1Opinion of the Court

Opinion by

Simpson, C.:

The error alleged in this case is the order of the district judge at chambers dissolving an attachment. The affidavit to procure the order of attachment alleged nine grounds for its issue, but as to many of them there is no evidence. The defendant filed a motion to dissolve, because the grounds alleged in the plaintiff’s affidavit for attachment are each and every one untrue. On the same day, the defendant filed his affidavit denying the grounds for attachment. The motion to dissolve was heard at chambers, and sustained.

The first complaint made is, that the judge ruled…

2Cases cited1 opinion

  1. McPike v. AtwellSupreme Court of Kansas · 1885

3Cited by1 opinion

  1. Williams v. the Farmer's Gin and Grain Co.Supreme Court of Oklahoma · 1903

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