Duff & Repp Furniture Co. v. Read

Citations

• 74 Kan. 730
• 88 P. 263
• 1906 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution — Wrongful Levy Under Void Judgment — Damages. Where a party causes an execution to be issued upon a void judgment, and causes the officer to whom it is delivered to seize the property of one who was not a party to the action in which the judgment was rendered, the officer thereby becomes the agent of such party and the latter is liable for compensatory damages to the person injured thereby.</p> <p>2. -Punitive Damages — Mental Anguish — Expenses of Suit. In such a case, if the party causing the writ to be issued and served in so doing acts with gross negligence, or wantonly or maliciously, he is liable for punitive damages in addition to compensatory damages, and mental suffering and expenses of the action are proper for the consideration of the jury in determining the amount of punitive damages to be awarded.</p>