Graves v. Bulkley
Supreme Court of Kansas
Error from, Leavenworth District Court. Action by Bulhley against Graves and four others, as sureties upon a sheriff’s bond. Judgment for the plaintiff, at the December Term, 1879, of the district court. The defendants bring the case here. The opinion states the facts. There was no neglect, unless in notifying the plaintiff in the execution of the fact of the levy and sale, and of the loss of the execution.
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Error from, Leavenworth District Court. Action by Bulhley against Graves and four others, as sureties upon a sheriff’s bond. Judgment for the plaintiff, at the December Term, 1879, of the district court. The defendants bring the case here. The opinion states the facts. There was no neglect, unless in notifying the plaintiff in the execution of the fact of the levy and sale, and of the loss of the execution. (7 Kas. 283: 33 N. J. L. 378; 34 id. 542; 39 Ga. 52.) Accepting the proceeds of the sale estopped the plaintiff from the proceeding to amerce the sheriff for not returning the execution.…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The case disclosed in the record is as follows:
On October 26, 1878, Elizabeth F. Bulkley, plaintiff below, recovered a judgment against one Joel Hiatt, jr., for $1,239.69 and costs of suit, in the district court of Leavenworth county. On October 29, 1878, an execution was issued on the judgment against the property of Hiatt, directed to R. J. Young, then sheriff of Brown county, and received by him. Young never returned the execution, but on February 13,1879, long after the return day, the clerk of the court received the following written…
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