Sorensen v. Wellman

Citations

• 69 Kan. 637
• 77 P. 536
• 1904 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Office and Officers—Liability of Justice for Payment of Garnished Funds to Plaintiff before Time for Appeal had Expired. In an action before a justice of the peace a garnishee paid money into court, Judgment was rendered for plaintiff, from which, within ten days, defendant appealed. After judgment, and before the appeal was taken, the justice paid the money to the plaintiff. In the district court the plaintiff dismissed his action. The defendant then sued the justice for the amount paid by him to the plaintiff. Held, that the j ustice acted judicially in the matter, and cannot be held liable for the loss occasioned, however much he may have erred.</p>