Sparks v. Martin

Citations

• 96 Kan. 282
• 150 P. 532
• 1915 Kan. LEXIS 368

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Execution—Judgment Not Dormant — Evidence. In a suit to enjoin an execution the validity of the judgment turned upon the question of fact whether some five years before a previous execution was issued on the 5th day of March, 1908, prior to the time the judgment would have become dormant. The execution was dated iri the following manner: “This ^/5 day of Mch 1908.” The appearance docket, the execution docket and the indorsement on the back of the execution showed that it was issued March 5, 1908. The body of the execution recited that it was returnable May 4, 1908, and the sheriff’s return stated that he received it March 5, 1908. Held, that the evidence sustained the finding that the execution issued March 5, 1908.</p> <p>2. Same — Court Records — Impeachment—Oral Testimony. In such an action the records in the office of the clerk of the district court showing the issuance of an execution can not be impeached by testimony of' a witness that in a conversation with the deputy clerk of the district court subsequent to the date when the judgment would have become dormant the clerk stated to him that no execution on the judgment had issued.</p>