15 Kan. 608 | Kan. | 1875
The opinion of the court was delivered by
This was an action brought by Lizzie Lantier, administratrix of the estate of H. Lantier deceased, for goods sold and delivered. An order of attachment was issued in the case at the commencement of the action. The final judgment of the court below was, that the plaintiff recover of the defendant for the goods sold and delivered, and that the goods attached be sold to satisfy such judgment. The defendant below now complains in this court.
On November 10th 1873, and previous thereto, the defendant was a resident of Eureka, Greenwood county. On the
The petition of the plaintiff was not very formal, but still Ave think it stated facts sufficient to constitute a cause of action. It probably Avould have been better if the petition
The judgment of the court below will have to be reversed, and cause remanded for further proceedings. We think that such proceedings may be had in the case that substantial justice may finally be done between the parties. It was evidently the strong desire of the trial court to do justice between the parties, that caused it to err in the above-named particulars. Judgment reversed.