Dugan v. Harman
Supreme Court of Kansas
Error from Lincoln district court; Rollin R. Rees,, judge. STATEMENT. On the 13th day of April, 1898, John H. Dugan, as plaintiff in.two separate actions before a justice of the peace in Lincoln county, obtained two separate judgments against W. P. Harman and wife, one for $291.55 and $2.26 costs, the other for $76.52 and $2.47 costs. Each judgment bore interest at 10 per cent, per annum..
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Error from Lincoln district court; Rollin R. Rees,, judge. STATEMENT. On the 13th day of April, 1898, John H. Dugan, as plaintiff in.two separate actions before a justice of the peace in Lincoln county, obtained two separate judgments against W. P. Harman and wife, one for $291.55 and $2.26 costs, the other for $76.52 and $2.47 costs. Each judgment bore interest at 10 per cent, per annum.. On August 4,1900, an abstract of each judgment was; filed in the office of the clerk of the district court of Lincoln county and separately entered in the journal of justice’s judgments and upon the…
1ConcurrenceMason, J.
(concurring specially) : I concur in the result stated, but think it pertinent that further reference be made to the authorities. Two objections are made to the execution which the trial court held void. One is that it did not distinctly refer to the judgments on which it was based; the other is that it was a single execution issued upon two separate judgments. So far as relates to the failure of the execution to recite the judgments with accuracy, the weight of authority supports the view, which is in harmony with modern ten*306dencies, that the defect amounts only to an irregularity, and does…
2Cases cited3 opinions
- Anderson v. GrayIllinois Supreme Court · 1890
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
- Bigham v. DoverSupreme Court of Arkansas · 1908