Vap v. Diamond Oil Producers, Inc.

My concurrence in the result in this case is based on defendant’s failure to seek a stay of execution under K.S.A. 60-262(b) when it could have done so without cost. I do not wish to be understood as saying that a judgment debtor who does not post a supersedeas bond thereby acquiesces in the judgment or forfeits the right to appeal. Many judgment debtors lack the financial resources to prevent execution in this way. Mere inaction is ordinarily not acquiescence.

Payment of the judgment is another matter. It appears that under Kansas law payment to the sheriff who is about to execute does not…