Nichols v. Quinn

Citations

• 94 Kan. 742
• 147 P. 1103
• 1915 Kan. LEXIS 155

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Proceedings in Aid op Execution — Indirect Contempt — Ac-. ■ cusation Need Not be Verified. In a prosecution for an indirect contempt it is not necessary that the accusation be verified where a preliminary affidavit has been filed setting forth defendant’s failure to comply with the court’s order.</p> <p>2. Same — Court Takes Judicial Notice of Previous Steps Taken. In such proceeding the court takes judicial notice of previous steps taken in the cause, and it is not necessary to introduce • in evidence the order which defendant is charged with having disobeyed.</p> <p>8. Same — Statute—Concealment of Property — Failure to Apply Property to Satisfaction of Judgment. Section 524 of the civil code authorizes the court in proceedings in aid of execution to make an order requiring the defendant to turn over his property toward satisfaction of the judgment, without a finding that defendant is concealing his property; it is sufficient if there is a finding that he has property which he unjustly refuses to apply in satisfaction of the judgment.</p>