Mendenhall v. Burnette

This is an action to compel the Clerk of the District Court of Cowley County to issue an execution on a judgment, in favor of the plaintiff against M. L. Read and numerous other parties, rendered in the lifetime of Read, who died soon after its rendition.

The Judge of the District Court and Read’s executors are made parties defendant, it being alleged *356that, in a suit brought by the executors against the sheriff to restrain the service of a former execution, Burnette, as Judge of the District Court of Cowley County, had held that execution could not lawfully be issued to enforce the judgment.…