Burdge v. Kelchner

Citations

• 66 Kan. 642
• 72 P. 232
• 1903 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trover and Conversion — Attachment—Liability of Officer. Where a sheriff levies ah order of attachment on part of a stock of goods, but takes and holds possession of the entire stock, and upon demand of the owners refuses to yield possession to them, and thereupon the owners declare that they will hold him responsible for all the goods held by him, and he answers that he will assume that responsibility, a right of action for the conversion of the entire stock arises in favor of the owners.</p> <p>2. -Effect of Subsequent Levies. The fact that other levies were subsequently made by the sheriff on other portions of thb same stock did not affect the right of action of the owners for the wrongful possession first taken and which was never surrendered, nor subdivide their claim into several causes of action.</p> <p>3. - Multiplicity of Actions. A recovery for a part of the goods so wrongfully taken is a bar to a later action between the same parties to recover for the remainder of the same stock of goods, although taken and sold under another attachment which had been levied before the first action was brought.</p>