40 Kan. 634 | Kan. | 1889
The opinion of the court was delivered by
The facts of this case as they appear from the pleadings are substantially as follows: Just prior to July 20,1883, Jesse Boyd drove a herd of cattle into Barber county, Kansas, and on that day C. T. Rigg, the sheriff of that county, against the will of Boyd, took the cattle into his possession and claimed to hold them under chapter 161 of the Laws of 1881. (Comp. Laws of 1885, p. 930.) On August 1, 1883, Boyd replevied the cattle from Rigg, and on the same day Rigg, as principal, and James Huffaker, W. W. Cook, and others, as sureties, gave a redelivery bond, and the cattle were returned to Rigg. On November 1,1883, said W. W. Cook, one of the sureties on the redelivery bond, commenced an action against Boyd, and in such action, and over the objection of Boyd, and on December 4,1883, procured a receiver to be appointed to take charge of the cattle. On December 10, 1883, the receiver took the possession of the
It seems to us that the judgment in the replevin action is
The motion for the rehearing will be overruled.