Trinkle v. Garden City Land & Immigration Co.

Citations

• 109 Kan. 290
• 198 P. 947
• 1921 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Corporation- — Execution Sale of Shares of Corporate Stock — Service on Corporation — Amendment of Sheriff’s Return on Execution. In mandamus to compel a corporation to transfer a share of its capital stock purchased at a sale under an execution against a shareholder the defense was that the sale was void because of the failure of the sheriff to leave with the secretary of the corporation an attested copy of the execution and return within fourteen days from the date of the sale in accordance with the provisions of section 7350, General Statutes of 1915. (Civ. Code, § 446.) It was shown that the sheriff delivered to the secretary a copy of the execution and return which was not attested, and which failed to show the name of the purchaser; but in the action in which the execution issued the sheriff, by leave of court, amended his return by setting forth the name of the purchaser, and thereupon delivered to the secretary of the corporation a duly attested copy of the execution and return as amended. Held, as between the corporation and the purchaser, the court from which the execution issued had authority to permit the amendments to be made after fourteen days from the date of the sale, and after the sixty days for the return of the execution had expired. (Civ. Code, § 140.)</p>