Kirkpatrick v. Ault

The opinion of the court was delivered by

Parker, J.:

This is an appeal from an order and judgment of the district court overruling a motion to amerce the sheriff of McPherson county for failure to make a levy on lands and tenements of a judgment debtor under a writ of execution.

Notwithstanding cavils to the contrary there can be no question in this case respecting what was before the trial court at the time it made the decision now presented for appellant review. Therefore, based on what we have been able to glean from their respective abstracts, including references to the files and records…