Hillis v. First National Bank
Supreme Court of Kansas
Error from Cloud District Court. On March 14, 1889, the First National Bank of Clyde recovered, before a justice of the peace of Cloud county, a judgment against George L. Parkhurst, for $240.66 debt, and $13.45 costs, the judgment bearing interest. An execution was issued thereon and returned unsatisfied. Affidavit for garnishment, under § 155 of the justices’ act, was filed, and garnishee summons was issued to Howard Hillis, which was duly served on him.
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Error from Cloud District Court. On March 14, 1889, the First National Bank of Clyde recovered, before a justice of the peace of Cloud county, a judgment against George L. Parkhurst, for $240.66 debt, and $13.45 costs, the judgment bearing interest. An execution was issued thereon and returned unsatisfied. Affidavit for garnishment, under § 155 of the justices’ act, was filed, and garnishee summons was issued to Howard Hillis, which was duly served on him. At the time Hillis — the attorney of George L. Parkurst — was served, he had in his possession $1,500, which had been paid to him upon a…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
At the time that the First National Bank of Clyde paid to Howard Hillis the $1,500 upon the judgment which Parkhurst held against the bank, Parkhurst’s attorneys had a lien thereon amounting to $750. The bank, to protect itself against this lien, paid the amount of the judgment to Hillis, as the attorney of Parkhurst. The balance *423of the money, after deducting • the attorney’s lien, was the property of Parkhurst, and was in the possession of Hillis for Parkhurst. The material facts in this case are not disputed.
I. It is insisted that the…
2Cases cited3 opinions
- McCormick v. HolmesSupreme Court of Kansas · 1889
- Turner v. CrawfordSupreme Court of Kansas · 1875
- Gano v. WellsSupreme Court of Kansas · 1887
3Cited by6 opinions
- Alexander v. ClarksonSupreme Court of Kansas · 1917
- Heston v. FinleySupreme Court of Kansas · 1925
- Redfield State Bank v. MyrickSupreme Court of Kansas · 1921
- Trustees of the Baker University v. FarrarSupreme Court of Kansas · 1932
- G. C. Bowman & Co. v. Wheaton & LuhrsCourt of Appeals of Kansas · 1896
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