Citizens State Bank v. Clark

The opinion of the court was delivered by

Harvey, J.:

This is an action by the holder of a chattel mortgage on growing wheat to enjoin the sale of the crop under an execution in another action against the mortgagor. A temporary injunction was issued. On the trial in April, 1927, there was judgment for defendant, which dissolved the injunction. This judgment was erroneous. (Isely Lumber Co. v. Kitch, 123 Kan. 441, 256 Pac. 133.) No appeal was taken in time to keep the injunction in force. (R. S. 60-3331.) Thereafter, and within the time provided by statute (R. S. 60-3309) for appeals generally…