Redinger v. Jones

Citations

• 68 Kan. 627
• 75 P. 997
• 1904 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — When the Remedy May he Invoked. The remedy of replevin can be invoked only in the case of a wrongful detention existing at the time the suit is commenced.</p> <p>2. - Validity of Judgment Admitted. In an action of re-plevin for exempt property seized on execution, the validity of the judgment upon which the execution issued is admitted.</p> <p>3. - Party Pleading Exemption Cannot Show Sale to be Void on Other Grounds. A debtor who, before sale, demands' of the sheriff the return of his property seized on execution, on the ground that it is exempt, who attends the execution sale and there objects to the sale of the property on the ground that it is-exempt, and who sues the sheriff and the purchaser of the property for its return on the ground that it is exempt, cannot, on- the trial, ambush his adversaries by showing the sale to be void on other grounds.</p> <p>4. Practice, Supreme Court — Persons Who May Obtain Reversal of Judgment of District Court. Only those errors which affect the substantial rights of parties who are in a position to complain of them will work a reversal of a judgment of a district court.</p> <p>5. Jury and Jurors — May Inspect Pleadings. If, from an inspection of the record, it be apparent that a jury was not confused or misled by short and simple pleadings which the court; permitted it to take in connection with the instructions, a judgment upon the verdict returned will not be set aside because of the conduct of the court in that respect.</p> <p>'6. Judgments — Mistake Cured by Remittitur. An error occasioned by the clerk wrongfully entering a judgment for a sum of' money not found by the verdict of the jury and without warrant, in the pleadings may be cured by a remittitur.</p>