Larimore v. Parker

Citations

• 101 Kan. 729
• 168 P. 859
• 1917 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Forthcoming Bond — Amount Left Blank — Reformation of Bond. A sheriff returned a writ of attachment with a forthcoming bond in which the space for the statement of the amount of liability was left blank. The plaintiff moved for an order permitting the amount to be inserted. The signers were served with notice and resisted the motion. Evidence was taken showing that the omission was á mere oversight. Held, that the bondsmen aré not entitled to a reversal because of the informality of the proceedings.</p> <p>2. Same — Forthcoming Bond — Liability of Signers. The bond above referred to, without being otherwise reformed, was interpreted as making the signers liable for the payment of a personal judgment against the defendant. Held, that the ruling was erroneous.</p> <p>3. Same — Forthcoming Bond — Does Not Dissolve Attachment. The giving of a forthcoming bond does not have the effect of dissolving an attachment.</p> <p>4. Same — Forthcoming Bond — Rights of Signers — Estoppel. The signers of a forthcoming bond in attachment, in virtue of which the defendant retains possession of the property, are precluded from questioning the fact that a levy was made.</p> <p>5. Same — Order of Attachment — Amendment to Sheriff’s Return. The sheriff’s return to an order of attachment showed that the property had been levied upon, and had been returned to the defendant upon the giving of a forthcoming bond, but omitted to describe the property. Held, that an amendment should have been allowed for that purpose.</p>