Moore v. Burdge
Court of Appeals of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. Error is brought from the ruling of the court below upon a motion to amerce the defendant in error, as sheriff, under paragraph 4570, General Statutes of 1889 (Gen. Stat. 1897, ch. 95, §478). There is no dispute as to the essential facts in the case,, and these may be summarized as follows : On the 3d day of May, 1894, an order of sale was issued by the clerk of the district court of Shawnee county, directed and…
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Error from Shawnee district court; Z. T. Hazen, judge. Error is brought from the ruling of the court below upon a motion to amerce the defendant in error, as sheriff, under paragraph 4570, General Statutes of 1889 (Gen. Stat. 1897, ch. 95, §478). There is no dispute as to the essential facts in the case,, and these may be summarized as follows : On the 3d day of May, 1894, an order of sale was issued by the clerk of the district court of Shawnee county, directed and delivered to the defendant in error as sheriff, commanding him to advertise and sell according to law the real estate therein…
1Opinion of the Court
The opinion of the court was delivered by
Wells, J. :
The plaintiff in error contends that the action of the defendant in error under the order of sale constituted a failure to execute the same, and that therefore the amercement should have been decreed, and refers us to the following authorities in support of such contention : Armstrong v. Grant and Prest, 7 Kan. 285; National Bank v. Franklin, 20 id. 264; Walker v. Braden, Sheriff, 34 id. 660 (9 Pac. Rep. 613); Gray v. Case, 51 Mo. 463; 2 Freeman on Executions, §§ 300, 301.
The case of Bank v. Franklin, supra, was am action for damages for…
2Cases cited4 opinions
- Armstrong v. GrantSupreme Court of Kansas · 1871
- Ruckle v. BarbourIndiana Supreme Court · 1874
- Reese v. RiceCourt of Appeals of Kansas · 1895
- Gray v. CaseSupreme Court of Missouri · 1873