Haglund v. Burdick State Bank

Citations

• 100 Kan. 279
• 164 P. 167
• 1917 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Arrest op Judgment Debtor — For Examination before Probate Judge —Wrongfully Imprisoned in Jail. In a proceeding supplemental to execution, a sheriff holding a warrant issued under the provisions of section 7429, General Statutes of 1915, authorizing him to arrest the debtor and bring him before the probate judge, has no power to imprison the debtor in the county jail, even temporarily for safe-keeping; and this is true although the arrest be made at a distance from the county seat, which the sheriff, returning with the debtor in custody, can not reach until late at night, when the probate judge wquld not be at his office.</p> <p>2. Trial — Instructions — Findings. An instruction to the jury complained of was properly given and findings of fact returned by the jury were sustained by the evidence.</p>