Fisher v. Franklin
Supreme Court of Kansas
Error from Shawnee District Cowrt. Pboceeding to amerce the plaintiff in error, as sheriff of Sedgwick county. The facts are as follows: On June 5,1884, Stephen Franklin recovered a judgment in the district court of Shawnee county against the Topeka Transportation and Omnibus Company, a corporation, for $1,000. On the 15th day of September the plaintiff in said action caused an execution to issue on said judgment, directed to the sheriff of Sedgwick county.
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Error from Shawnee District Cowrt. Pboceeding to amerce the plaintiff in error, as sheriff of Sedgwick county. The facts are as follows: On June 5,1884, Stephen Franklin recovered a judgment in the district court of Shawnee county against the Topeka Transportation and Omnibus Company, a corporation, for $1,000. On the 15th day of September the plaintiff in said action caused an execution to issue on said judgment, directed to the sheriff of Sedgwick county. On the 16th day of December the execution was returned by the sheriff, which return recited that he could find no property in his county…
1Opinion of the Court
Opinion by
Clogston, C.:
Where a proceeding is brought to amerce a sheriff for failure to return an execution to the court where the judgment upon which the execution was issued was rendered, such court has jurisdiction and may compel a return to its orders and executions, and punish by amercement for disobedience. (Fay v. Edmiston, 28 Kas. 105; Ghost v. Hill, 11 Neb. 472; McNee v. Sewell, 14 id. 532.)
The only remaining question is, was there such a variance between the execution and the judgment upon which it was issued as will excuse the sheriff, or save him from amercement ? The execution…
2Cases cited3 opinions
- Fay v. EdmistonSupreme Court of Kansas · 1882
- Bond v. WeberSupreme Court of Kansas · 1877
- Ghost v. HillNebraska Supreme Court · 1881
3Cited by9 opinions
- In re HeathSupreme Court of Kansas · 1888
- First State Bank of Lovell v. GraybealSupreme Court of Oklahoma · 1934
- McClelland v. CragunSupreme Court of Kansas · 1895
- Ridpath v. LancasterSupreme Court of Oklahoma · 1930
- Bittman, Taylor & Co. v. MizeSupreme Court of Kansas · 1891
4 more not listed; retrieve them via the Exa API.