Brooks v. Marquess

The opinion of the court was delivered by

Dawson, C. J.:

This was a proceeding to amerce the sheriff of Sedgwick county for his refusal to levy on certain residence property in Wichita to satisfy a money judgment in favor of plaintiff and against Marquess, judgment debtor and owner of the property.

*245The chief ground for the sheriff’s refusal was that the judgment, debtor claimed the property was his homestead.

The motion to amerce the sheriff recited the pertinent facts. Plaintiff had recovered a money judgment against Marquess in the sum of $870.90, with interest and costs. Thereafter plaintiff…