Schwartzberg v. Central Avenue State Bank

Citations

• 84 Kan. 581
• 115 P. 110
• 1911 Kan. LEXIS 373

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Proof that Order Was Wrongfully Obtained. A final judgment in an attachment proceeding in favor of the defendant is conclusive that the attachment was unlawfully and wrongfully obtained.</p> <p>2. Actions and Remedies — Joinder of Causes of Action — Election. In an action for damages for an unlawful attachment, ^ where the petition charges that the attachment was wrongfully and maliciously obtained, but one cause of action is stated, and it is error to require the plaintiff to elect whether he will proceed for the wrongful or for the malicious taking.</p> <p>3. Bankruptcy — Exempt Property of Bankrupt Does Not Pass to Trustee. Property exempt from process for the payment of a bankrupt’s debts, does not pass to the trustee in bankruptcy; nor does a cause of action for the wrongful detention thereof.</p> <p>\\. - Accrual of Action for Taking Exempt Property of Bankrupt. Where exempt property is wrongfully taken in an attachment proceeding, an action immediately lies for the recovery of such property or for damages for the unlawful taking thereof.</p> <p>5. Attachment — Property Taken and Its Value — Evidence— Sheriff’s Return. The return of a sheriff as to property taken in an attachment proceeding or as to the value thereof is not conclusive against the defendant in the attachment action.</p>