Wheatley v. Tutt
Supreme Court of Kansas
Error from Wyandotte County.. Sufficient of the facts of the case for presenting the points decided, appear in the opinion of the court. submitted: The authority to stay proceedings at law by injunction, is given to maintain purity in the administration of justice. It is a usual method of equitable interposition. 1 Wat. ■& Eden Inj., 11, note 1-, Wil. Eq. Jur., 347; 2 Story Eq.
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Error from Wyandotte County.. Sufficient of the facts of the case for presenting the points decided, appear in the opinion of the court. submitted: The authority to stay proceedings at law by injunction, is given to maintain purity in the administration of justice. It is a usual method of equitable interposition. 1 Wat. ■& Eden Inj., 11, note 1-, Wil. Eq. Jur., 347; 2 Story Eq. Jur., §§879, 880, 885, 887; dril Code, §247. The judgment against which relief was sought, was fraudulent; no persona] service was had, no authorized appearance made, and defendants therein had no knowledge of the…
1Opinion of the Court
Per Curiam,
Safford, J.
This was an application for an order of injunction addressed to the district court of Wyandotte county. The relief sought to be obtained was, ¡among other things, the restraining of the defendant below from proceeding to enforce a certain judgment rendered by said district court, on the 10th day of April, A. D. *2441883, in'a case wherein Thomas E. Tutt et al. were plaintiffs, and the said Wilkins T. Wheatley and one Thomas P, Thatcher were defendants, and which judgment was against the said defendants, and ordered the sale of certain attached property. The district…
2Cited by2 opinions
- Chambers v. CoxSupreme Court of Kansas · 1880
- Tutt v. FergusonSupreme Court of Kansas · 1874