Israel v. Nichols, Shepard & Co.
Supreme Court of Kansas
Error from McPherson District Cowl On June 13, 1879, Nichols, Shepard & Company recovered a judgment against D. J. Israel before a justice of the peace of McPherson county, for the sum of $103.75, together with costs, taxed at $4.65. No execution was issued, or other proceeding had in the action until March 23, 1885, when plaintiffs filed a motion before the justice of the peace to revive the judgment, and caused a notice thereof to be served upon Israel.
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Error from McPherson District Cowl On June 13, 1879, Nichols, Shepard & Company recovered a judgment against D. J. Israel before a justice of the peace of McPherson county, for the sum of $103.75, together with costs, taxed at $4.65. No execution was issued, or other proceeding had in the action until March 23, 1885, when plaintiffs filed a motion before the justice of the peace to revive the judgment, and caused a notice thereof to be served upon Israel. On April 1, 1885, the motion was heard, and overruled. Plaintiffs prosecuted their petition in error to the district court, and on April…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The sole question presented in this case is, whether a justice of the peace can revive a judgment rendered before him which has become dormant. The district court held that a justice possesses the power. In-this view we concur. There is no express provision in the justices code for the revivor of dormant judgments, but under § 185 of this code the provisions of the civil code for the revival of judgments are applicable to a judgment rendered before justices of the peace, where the judgment has not been transferred to the district court by…
2Cases cited3 opinions
- Angell v. MartinSupreme Court of Kansas · 1880
- Rahm v. SoperSupreme Court of Kansas · 1882
- Miller v. CurryNebraska Supreme Court · 1885
3Cited by3 opinions
- Ray v. HarrisonSupreme Court of Oklahoma · 1912
- Reaves & Co. v. J. A. Long & BrotherSupreme Court of Kansas · 1901
- Schultz v. HineSupreme Court of Kansas · 1888