Barnett v. Schad

Citations

• 73 Kan. 414
• 85 P. 411
• 1906 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Commencement of Suit — Procedure. Where the statutes authorize the clerk of a district court to do a certain act, and authorize the judge of the same court to do another act, and the authority of each to act is dependent upon the previous action of the other, either may act first, and the two acts will be regarded in law as done at the same time, provided • the acts follow one another within such • reasonable time that, under the particular circumstances of the case, the difference in time may be- regarded as inconsiderable.</p> <p>2. Parties — Suit to Enjoin Sheriff — Judgment Creditor Not a, Necessary Party. In a suit against a sheriff to enjoin him, as such officer, from selling real estate upon which he has levied an execution issued on a money judgment, the judgment creditor is a proper, but not a necessary, party defendant. The sheriff, in such a case, may make all defenses which he and the judgment creditor could make, either jointly or severally. (Taylor v. Hosick, Adm’r, &e., 13 Kan. 518, 526.)</p>