Parish v. Van Arsdale-Osborne Brokerage Co.

Citations

• 92 Kan. 286
• 140 P. 835
• 1914 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Valid Attachment — Manual Seizure of Personal Property Not Necessary. It is not necessary to a valid attachment that the officer shall make a manual seizure of personal property, hut it is deemed sufficient if he assumes control and exercises dominion over it.</p> <p>2. Same — Facts Show• Valid Levy of Attachment. An owner of * property advertised that it would be sold at public auction at a certain time, and on the day of sale the sheriff appeared at the place of sale, where the property was assembled, with an order of attachment sued out by the plaintiff. After stating his purpose, and under an arrangement with the sheriff, the defendant owner gave a forthcoming bond, in which it was recited that the property had been seized under the order of attachment and was bound by it, and thereupon the property was released and the sale proceeded. The attachment was subsequently vacated on the ground that the defendant was not indebted to the plaintiff, and in an action on the attachment bond it is held that as between the plaintiff and the defendant there was a valid levy of the attachment.</p> <p>3. Same — Elements of Damages — Wrongful Attachment. The expenses necessarily incurred in procuring the dissolution of an order of attachment wrongfully issued and a release of the property unlawfully seized, including attorneys’ fees and the cost of depositions, may be recovered by the owner on the attachment bond.</p> <p>4. Same. The depreciation in the value of property and of the prices received which proximately resulted from the unlawful attachment of the property at the sale is an element of damages which may be recovered by the owner.</p>