Citizens' National Bank v. Larabee

Citations

• 64 Kan. 158
• 67 P. 546
• 1902 Kan. LEXIS 181

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — General Ver diet — Inconsistent Findings on Collateral Facts. When all the special findings of a jury-vital to the issue presented are in harmony with a general verdict for the plaintiff, it is error for the trial court to award judgment for the defendant upon findings collateral to the issue, such findings upon collateral facts not being destructive of the general verdict or plaintiff’s right of recovery.</p> <p>2. Replevin — Custody of Property — Description. When at the trial of an action in replevin it develops that by the levy of the writ of replevin property has been brought into and remains in the custody of the court to be disposed of upon its order, of which property the plaintiff is and the defendant is not entitled to possession, it is the duty of the court in disposing of the same to award possession to the plaintiff, where it belongs, and not to the defendant, although from a comparison of a description of the property with the description given in the pleadings and writ of replevin it may not appear that such descriptions are identical.</p>