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GOODMAN v. SMITH

No. 39,682

177 Kan. 712 (1955)

281 P.2d 1094

NAURICE GOODMAN and FREDA GOODMAN, husband and wife, Appellees, v. ELLIOT SMITH in his capacity as Sheriff of Morris County, Kansas, and LeROY FRANCIS, d/b/a the Wilsey Grain Company, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

Marlin Brown, of Council Grove, argued the cause, and Constance L. Brown, and Don E. Brown, both of Council Grove, were with him on the briefs for the appellants.

Harry M. Tompkins, of Council Grove, argued the cause, and Owen S. Samuel, of Emporia, and Walter E. Hembrow, of Council Grove, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This appeal was taken from a decree granting an injunction whereby a levy and resulting sale by execution were enjoined. The execution was issued out of a case where appellant, LeRoy Francis, doing business as the Wilsey Grain Company, had obtained a money judgment against appellees' predecessors in title. Appellant Elliot Smith was a party to this appeal by reason of the fact that in his capacity as sheriff...

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