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Citizens State Bank v. Clark

The Citizens State Bank of Cheney v. George R. Clark, Marshal, H. H. Bond, Deputy Marshal of the City Court of Wichita, in Wichita City Township, Sedgwick County, and Hettie Metz, Intervener

Citizens State Bank v. Clark, 266 P. 932 (Kan. 1928)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
May 5, 1928
Docket
No. 28,098
Judges
Harvey
Citations
266 P. 932126 Kan. 1621928 Kan. LEXIS 44

Opinion of the Court — Harvey

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Harvey, J.:

This is an action by the holder of a chattel mortgage on growing wheat to enjoin the sale of the crop under an execution in another action against the mortgagor. A temporary injunction was issued. On the trial in April, 1927, there was judgment for defendant, which dissolved the injunction. This judgment was erroneous. (Isely Lumber Co. v. Kitch, 123 Kan. 441 , 256 Pac. 133 .) No appeal was taken in time to keep the injunction in force. (R. S. 60-3331.) Thereafter, and within the time provided by statute (R. S. 60-3309) for appeals generally in civil cases, plaintiff perfected an appeal to this court. This appeal did not keep the temporary injunction in force. (Brown v. Wilkerson, 82 Kan. 553 , 108 Pac. 816 .) In the meantime, there being nothing to stay the execution sale, we are advised that the wheat crop has been sold and the proceeds disbursed. The action to enjoin the sale under the execution is therefore moot, and no ruling which this court might make on the question at this time could affect it in any way.

The appeal is therefore dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11941: 11951: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. McCoy v. Commissioner of Internal Revenue192 F.2d 486 (10th Cir. 1951)
  2. Blattler v. Westerman286 P. 217 (Kan. 1930)
  3. Dickey Oil Co. v. Wakefield111 P.2d 1113 (Kan. 1941)

Most recent

  1. McCoy v. Commissioner of Internal Revenue192 F.2d 486 (10th Cir. 1951)
  2. Dickey Oil Co. v. Wakefield111 P.2d 1113 (Kan. 1941)
  3. Blattler v. Westerman286 P. 217 (Kan. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
C. C. Isely Lumber Co. v. Kitch, 256 P. 133 (Kan. 1927) 12
Brown v. Wilkerson, 108 P. 816 (Kan. 1910) 1

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