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KIRKPATRICK v. AULT

No. 38,980

174 Kan. 701 (1953)

258 P.2d 262

BERT KIRKPATRICK, Appellant, v. (A.W. AULT, Defendant), PAUL L. SMITH, as Sheriff of McPherson County, Appellee.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

Archie T. MacDonald, of McPherson, argued the cause, and Russ B. Anderson, of McPherson, was with him on the briefs for the appellant.

John K. Bremyer, of McPherson, argued the cause, and was on the briefs for Paul L. Smith as sheriff and appellee.

James L. Galle, of McPherson, argued the cause, and H.L. Smither, of Salina, was with him on the briefs for A.W. Ault, appellee.

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

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