Plumb v. Bay
Supreme Court of Kansas
JEkror from Lyon District Court. Action by Plumb, against Bay, as sheriff, and Strong and Burt, to restrain a sale by the sheriff of certain real property. A temporary injunction was granted, and such order was afterward, on 30th December 1875, dissolved by the district judge. From the order dissolving the temporary injunction, plaintiff appeals.
1Opinion of the Court
*416The opinion of the court was delivered by
Brewer, J.:
In this case the defendants in error, defendants below, seem to concede the plaintiff’s right to relief, but deny that he has pursued the proper remedy. The action was for. an injunction, to restrain a sale upon execution. A temporary restraining order was granted, which upon motion was thereafter dissolved. The allegations of the petition were, in substance, that at the September term 1875 of the Lyon county district court, the defendants Strong and Burt recovered a money-judgment against one A. S. Smith for a large sum of money, which…
2Cases cited4 opinions
- Curtis v. RootIllinois Supreme Court · 1858
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Kiser v. SawyerSupreme Court of Kansas · 1868
- Babcock v. JonesSupreme Court of Kansas · 1875
3Cited by4 opinions
- Bowling v. GarrettSupreme Court of Kansas · 1892
- Kuhn v. National BankSupreme Court of Kansas · 1906
- Yount v. HooverSupreme Court of Kansas · 1915
- Brown v. HawkinsIdaho Supreme Court · 1945