Legal Opinion

Crane v. Chouteau

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 6 opinions

Error from Shawnee District Court. On the 5th of January 1874, Chouteau, Harrison & Valle, as plaintiffs, recovered a judgment in the district court of Shawnee county, against Franklin L. Crane, C. K. Holliday,, and two others, for $12,902.15, and costs. On the 29th of April 1875, Chouteau, Harrison & Valle assigned and transferred such judgment to Henry Levis.

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Error from Shawnee District Court. On the 5th of January 1874, Chouteau, Harrison & Valle, as plaintiffs, recovered a judgment in the district court of Shawnee county, against Franklin L. Crane, C. K. Holliday,, and two others, for $12,902.15, and costs. On the 29th of April 1875, Chouteau, Harrison & Valle assigned and transferred such judgment to Henry Levis. On the 3d of May 1875, said Levis executed a release of the whole judgment as to-said Holliday, acknowledging in said release the payment on the judgment by Holliday of $7,450. On the 5th of June-1875, Levis executed in favor of Crane…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action to restrain the collection of a judgment against the plaintiff, on the ground that since its rendition it had been fully paid and discharged. The case was tried by the court without a jury, special findings of fact made, and judgment rendered for defendants. The court made 32 findings. As to most of them no objection was taken, the matters embraced in them being beyond dispute. The 28th, 29th, 30th, and 31st are objected to, and it is insisted that the court erred in those findings, and in not making two findings tendered…

2Cited by6 opinions

  1. McCann v. McCannSupreme Court of Oklahoma · 1909
  2. Winstead v. StandefordSupreme Court of Arkansas · 1878
  3. Tootle v. BrownSupreme Court of Oklahoma · 1896
  4. Darlington-Miller Lumber Co. v. LobsitzSupreme Court of Oklahoma · 1896
  5. Lemon v. FoxSupreme Court of Arkansas · 1878

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