Fairbanks, Morse & Co. v. Inglitt

Citations

• 106 Kan. 488
• 188 P. 248
• 1920 Kan. LEXIS 587

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Dissolution of Attachment on Motion of Interpleader— Method of Procedure Not Prejudicial. No trial error occurred in determining the propriety of dissolving an attachment on an inter-pleader’s motion to dissolve rather than on the issues raised by the interpleader’s answer, especially when the parties were permitted to introduce all the material evidence available which would have been pertinent either on the motion or the answer and where there was no request that .the controverted facts should be submitted to a jury.</p> <p>2. Same — Pleadings Not Misleading. An insufficiency of pleadings which did not mislead the opposing litigant and was not formally objected to in the trial court, furnishes no basis for a claim of error on appeal.-</p> <p>3. Same — Attachment Reaches Only Debtor’s Property. Rule followed that an attachment only seizes the property of the debtor, not that which the latter has theretofore lawfully transferred to another person.</p> <p>4. Same — No Reversible Error in Record. Minor matters presented by the record examined, and no reversible error discerned therein.</p>