Upton v. Pendry

Citations

• 109 Kan. 744
• 202 P. 73
• 1921 Kan. LEXIS 358

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Verified Petition May Answer Purpose of Replevin Affidavit. In an action in replevin, where the petition contains all the requisite allegations of a replevin affidavit as prescribed by the civil code (§ 177) and such petition is positively verified, it answers the purposes both of a petition and a replevin affidavit; and although an amended petition is afterwards filed, the original petition continues sufficient to serve as an affidavit in replevin.</p> <p>2. Same — Sheriff’s Retum^Time for Filing Redelivery Bond. The sheriff’s return to the writ of replevin examined, and held not to be susceptible of an interpretation that the goods seized in replevin were delivered to plaintiff without giving the defendants twenty-four hours in which to file a redelivery bond.</p> <p>3. Same — Goods Sought to be Recovered Sufficiently Described in Affidavit. In an action in replevin, where the property whose possession is demanded consists of several hundred articles used in conducting a hotel, and a schedule of two or three hundred articles is itemized, and the aggregate value is given but the separate value of each a’rticle is not given, and by leave of court the replevin affidavit is amended to show that plaintiff intended to claim all the goods and chattels in the hotel premises described and that the aggregate value of all the prop-</p> <p>• erty demanded did not exceed the aggregate sum first named, it is held that such affidavit and amendment, together with the list of goods described and the claim made to all the goods, is a sufficient description of the property, and that the stating of the separate value of each of so extended a list of chattels was not practicable, and that the slating of their aggregate value was sufficient.</p> <p>4. Same — Separate Trials as to Plaintiff’s Right to Recover and Defendants’ Counterclaim for Damages. In an action in replevin, where defendants’ answer sets up an extended counterclaim in seve