Frankhouser v. Neally

The opinion of the court was delivered by

Milton, J.:

In this case J. J. Neally recovered judgment before a justice of the peace of Osage county, in 1890, against N. Frankhouser, who was then sheriff of that county, the action being on an implied contract for the value of 1200 bushels of corn improperly seized and sold by the sheriff under an execution against W. L. Neally, W. Z. Neally, and George W. Neally. The defendant appealed to the *823district court, where, at the June term, 1890, the plaintiff obtained judgment in the sum of $172.64. That judgment was reversed by the supreme court.…