Green v. Dunn
Supreme Court of Kansas
JError from Jackson County. The opinion of the court contains a sufficient statement of the facts of the case: 1. The petition does not state facts sufficient to constitute a cause of action. The only action permissible in the nature of things would he assumpsit for money paid, and of course this action cannot be maintained until the money is paid. Sedgw.
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JError from Jackson County. The opinion of the court contains a sufficient statement of the facts of the case: 1. The petition does not state facts sufficient to constitute a cause of action. The only action permissible in the nature of things would he assumpsit for money paid, and of course this action cannot be maintained until the money is paid. Sedgw. Dam., 348; 1 Wait, 376; 5 Bart., 398. The amended petition alleges payment made subsequent to obtaining judgment before the justice from which the appeal is taken. The cause of action must have existed at the time of the commencement of the…
1Opinion of the Court
By the Court,
Valentine, J.
On the 19th day of October, A. D. 1868, Thomas Harrison obtained a judgment against the said Allen W. Green, Peter Dunn and James Brownlee, on a certain promissory note given by said Green as principal, and said Dunn and Brownlee as sureties; and on the 28th day of October, A. D. 1868, the property of the said Dunn and Brownlee was seized in execution to satisfy said judgment.
On the 15th day of November, A. D. 1868, said Dunn and Brownlee commenced an action before a justice of the peace against said Green for the amount of said judgment.
On the 21st day of November,…
2Cases cited6 opinions
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3Cited by14 opinions
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