26 Kan. 574 | Kan. | 1881
The opinion of the court was delivered by
This was an action of replevin, brought before a justice of the peace, by the Kansas Lumber Company against E. M. Mills, for the recovery of a horse. After judgment in favor of the plaintiff, the defendant took the case to the district court on petition in error, where the judgment of the justice of the peace was affirmed. The defendant in the justice’s court, plaintiff in error in the district court, now brings the case to this court, and asks that both the judgment of the district court and of the justice of the peace be reversed. Both parties admitted on the trial in the justice’s court, and now admit, that the property belonged originally to John G.
“One brown mare mule, aged 4 years; one bay horse, aged 8 years; one bay mare, aged 12 years; one yoke of red oxen, 5 years old; one Brown corn scraper and belting complete; 40 acres of growing wheat on the northwest J of section 14, town 21, range 4, west; I agree to harvest, thresh and crib said grain to the order of the Kansas Lumber Company; one cook stove and fall-leaf table and all kitchen furniture; one Marsh harvester, one horse power; and all being in my possession, owned by me, and I herewith represent and guarantee same free from an incumbrance of every name and nature, and to be my own; one set double harness and double-barrel shot ■gun additional. . . . The property sold is to remain in possession of said party of the first part until default be made in the payment of the debt and interest aforesaid, or some part thereof; but in case of a sale or disposal, or attempt to sell or dispose of the same, or removal or attempt to remove the same from McPherson county, or an unreasonable depreciation in the value, or if from any other cause the security shall become inadequate, the said parties of the second part may take such property, or any part thereof, into their own possession.”
This is a very imperfect description. We do not think that so bad a description has ever been sustained by this court; and yet, under all the circumstances of this case, we think this description must be held to be sufficient. The property
We think, under the circumstances of the case, the description of the property in the chattel mortgage is sufficient. Of course the description in the mortgage is not
The defendant in the justice’s court, plaintiff in error in the district court and in this court, 'claims that error was also committed in rendering judgment in favor of the plaintiff in the justice’s court, and against the defendant in that court, without sufficient proof of the execution of the chattel mortgage, or that anything remained due théreon. There are two answers to this claim of error: 1. The plaintiff in the justice’s court founded its action and its entire claim to the property
This case was tried by the justice of the peace, without a jury; and the only'ground set forth in the defendant’s motion for a new trial, was, that the “verdict” was not sustained by sufficient evidence. A party has no right to a new trial in such a case. (Kerner v. Petigo, 25 Kas. 652, 656, 657.) There really was no “verdict” in the preseut case, but only & finding. and judgment of the justice of the peace. And as the defendant had no right to a new trial, he did not raise the question as to the sufficiency of the evidence in any legal
The defendant, plaintiff in error in this court, claims that the justice of the peace also committed error in rendering
The judgment of the court below will be affirmed.