Smith v. Martin
Supreme Court of Kansas
Error from Atchison District Court. In February 1875, the Atchison Savings Bank recovered a judgment in the Atchison district court against John Costello and M. M. Herrington for $277, and costs. On this judgment a writ of execution was issued to Smith, sheriff of Jewell county. For the alleged failure of such sheriff to properly execute such writ, Martin, an assignee of said Atchison Savings Bank, moved to amerce such officer.
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Error from Atchison District Court. In February 1875, the Atchison Savings Bank recovered a judgment in the Atchison district court against John Costello and M. M. Herrington for $277, and costs. On this judgment a writ of execution was issued to Smith, sheriff of Jewell county. For the alleged failure of such sheriff to properly execute such writ, Martin, an assignee of said Atchison Savings Bank, moved to amerce such officer. The district court, at March Term 1877, gave judgment, amercing Smith in the sum of $297.25, from which judgment he appeals, and brings the record here on error for…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of facts. -This was a proceeding in the district court of Atchison county, to amerce the plaintiff in error as sheriff of Jewell county, for negligence in respect to an execution. The testimony was all in writing, and was somewhat conflicting. These facts are however undisputed: On 29th September 1875, execution was issued from the Atchison county district court, which, on 4th October *5731875, was received by the sheriff. At that time no other process against the defendant on the judgment was in the sheriff’s hands. Shortly…
2Cited by9 opinions
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- Knapp v. WallaceOregon Supreme Court · 1907
- Fay v. EdmistonSupreme Court of Kansas · 1882
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Fay v. EdmistonSupreme Court of Kansas · 1881
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