Burton v. Robinson
Supreme Court of Kansas
Error from Doniphan County. The following is substantially the affidavit involved : The said Emeline Robinson, plaintiff, being first duly sworn, deposeth and saith that the said Emeline Robinson is a resident of Doniphan county, State of Kansas, and has commenced an action in said court against the said John "W. Burton to recover the sum of $878, now due and payable to the said plaintiff from the said defendant, on the several following causes: First, On an account for…
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Error from Doniphan County. The following is substantially the affidavit involved : The said Emeline Robinson, plaintiff, being first duly sworn, deposeth and saith that the said Emeline Robinson is a resident of Doniphan county, State of Kansas, and has commenced an action in said court against the said John "W. Burton to recover the sum of $878, now due and payable to the said plaintiff from the said defendant, on the several following causes: First, On an account for board and lodging furnished defendant and his wife from the 12th day of January, 1859, to the 12th day of May, 1860, at…
1Opinion of the Court
By the Court,
Valentine, J.
In this case' an order of attachment was issued and levied upon the property of Burton, who was defendant in the court below; Burton moved the court to dissolve the attachment, on the grounds that the original affidavit, upon which the order was issued, was defective and insufficient to sustain the attachment. The court sustained the grounds of his motion, but not the motion itself. The court decided that the affidavit was defective; gave the plaintiff leave to amend the affidavit within ten days after the adjournment of the court, and did not dissolve the attachment.
2Cases cited2 opinions
- Morgan v. AveryNew York Supreme Court · 1850
- Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862
3Cited by8 opinions
- Pierce v. ButtersSupreme Court of Arkansas · 1878
- Harrison v. BeardSupreme Court of Kansas · 1883
- Minneapolis Threshing Machine Co. v. FranciscoSupreme Court of Kansas · 1920
- Meyer Bros. v. LaneSupreme Court of Kansas · 1889
- Wells, Fargo & Co. v. DanfordSupreme Court of Kansas · 1882
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