Phelps, Dodge & Palmer Co. v. Skinner

Citations

• 63 Kan. 364
• 65 P. 667
• 1901 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Refusal of Sheriff to Levy Upheld. A sheriff in whose hands an attachment order is placed, to whom personal property is pointed out by the creditor as belonging to the debtor, and to whom a bond is tendered indemnifying him against the consequences of a levy on such property, is not by reason of such facts required to make the levy, if in good faith he believes it would be wrongful. He may refuse to make it, and, in justification of his refusal, may prove the existence of valid liens on the property to an amount exceeding its value.</p> <p>2. -Action against Sheriff — Pleading and Proof. In an action against a sheriff for his refusal to levy a writ against property, the petition alleged that the debtor “had sufficient property and effects on which a levy might have been made to have fully satisfied plaintiff’s demand.” To the petition a general denial was filed. The plaintiff’s evidence tended to show the debt- or’s ownership of a stock of goods. Held, .that evidence of chattel-mortgage liens on the goods to an amount in excess of their value was admissible under the general denial.</p>