BOLYARD v. ZIMBELMAN

No. 44,115

195 Kan. 130 (1965)

402 P.2d 813

JANICE BOLYARD, Appellee, v. EMIL ZIMBELMAN, Sheriff of Cheyenne County, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1965.


Attorney(s) appearing for the Case

Selby S. Soward, of Goodland, argued the cause, and C. Bender, of Goodland, was with him on the brief for the appellant.

Fred Rueb, of Goodland, argued the cause, and was on the brief for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by plaintiff (appellee) Janice Bolyard against defendant (appellant) Emil Zimbelman for damages for the wrongful levy of an execution. On the issues as joined the case was tried to a jury which returned its verdict in favor of the plaintiff. From an order overruling defendant's motion for a new trial, he appeals.

We are first confronted with appellee's motion to strike...

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