Forbes v. Madden

Citations

• 102 Kan. 46
• 169 P. 211
• 1917 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Restraining Enforcement of Mandate of Supreme Court— Application Without Merit — Case Dismissed. On a former appeal the judgment in this case was affirmed (Forbes v. Madden, 98 Kan. 559, 158 Pac. 850), and in due time the mandate was sent down and spread on the record. Thereafter defendant applied to the district court for an injunction to restrain the enforcement of the mandate and to have the district court pass upon the decision of this court and determine whether it was legally rendered. The district court held that it is without power to restrain and enjoin judgments and order's of the supreme court. The appeal from this ruling being without semblance of merit, it is dismissed at the costs of defendant.</p>