Edwards v. Bricker

Citations

• 66 Kan. 241
• 71 P. 587
• 1903 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>T. Replevin — Action on Bond — Proof of Value. The plaintiff in replevin, after the property had been turned over to him by the sheriff, dismissed his action. Held, that, in an action for damages against one of the plaintiff’s sureties on the replevin bond, the affidavit made by an agent of the party bringing the replevin action was not admissible as evidence of value. Value depends on what the property was worth at the time of the taking.</p> <p>2. - Measure of Damages. In an action of the kind mentioned in the preceding paragraph, the plaintiff cannot recover attorneys’ fees and expenses incurred in preparing his defense to the replevin suit, nor show injury to his business as an element of damage.</p>