Legal Opinion

Herriman v. Shomon

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 6 opinions

Error from, Cherokee District Court. At the October Term, 1879, of the district court, Shomon, as plaintiff, had judgment against defendant Herriman, who brings the case here. The opinion contains a sufficient statement of the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

R. Schulenberg & Co. obtained a judgment .against defendant in error, plaintiff below, which they assigned to plaintiff in error, defendant below. Execution was issued upon such judgment, and % vied upon a stock of goods belonging to Shomon. 1 The latter thereupon brought this action to restrain proceedings upon that execution, alleging that the judgment had been fully paid’and discharged. The case was tried by the court without a jury, and findings and judgment were in favor of the plaintiff. The court found specially, that the judgment had…

2Cases cited10 opinions

  1. Marbourg v. SmithSupreme Court of Kansas · 1873
  2. Maddux v. BevanCourt of Appeals of Maryland · 1874
  3. Wright v. DailyTexas Supreme Court · 1863
  4. Beers v. . HendricksonNew York Court of Appeals · 1871
  5. Moye v. . CogdellSupreme Court of North Carolina · 1873

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3Cited by6 opinions

  1. Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
  2. Jefferson Iron Co. v. HartCourt of Appeals of Texas · 1898
  3. Southern Kansas Railway Co. v. PaveySupreme Court of Kansas · 1896
  4. Rickert v. CraddockSupreme Court of Kansas · 1916
  5. Sette v. SetteSupreme Court of Kansas · 1931

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