Parmenter v. Lomax
Supreme Court of Kansas
Error from Mitchell district court; R. M. Pickler, judge. STATEMENT. George H. Parmenter was the owner, by assignment, of two judgments rendered against Commodore P. Lomax and others in the district court of Lancaster county, Nebraska; The judgments were' rendered on. February 28, 1896, and March 16, 1896, respectively.
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Error from Mitchell district court; R. M. Pickler, judge. STATEMENT. George H. Parmenter was the owner, by assignment, of two judgments rendered against Commodore P. Lomax and others in the district court of Lancaster county, Nebraska; The judgments were' rendered on. February 28, 1896, and March 16, 1896, respectively. At the time the liability was incurred on which the judgments were rendered, Commodore P. Lomax was the owner of 480 acres of land in Mitchell county, this state, which he transferred by deed dated October 26, 1895, to his father-in-law, John C. Latimer. On the same date…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J;:
Defendants below were non-residents, and were never present in this state for a sufficient length of time to avail themselves of the statute of limitations. (Investment Co. v. Bergthold, 60 Kan. 813, 58 Pac. 469.)
Counsel for defendants in error contend that a suit in the nature of a creditor’s bill will not lié before a judgment has been rendered against the debtor, based on personal service and an execution returned unsatisfied. It is true that a general creditor, before his demand has been reduced to judgment, cannot maintain an equitable…
2Cases cited10 opinions
- Mechanics' & Traders' Bank of Jersey City v. DakinNew York Court of Appeals · 1873
- Tennent v. BatteySupreme Court of Kansas · 1877
- Baughman v. PennSupreme Court of Kansas · 1885
- Evans v. NealisIndiana Supreme Court · 1879
- Investment Securities Co. v. BergtholdSupreme Court of Kansas · 1899
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3Cited by13 opinions
- Cole v. ThackerSupreme Court of Kansas · 1944
- Gorham State Bank v. SellensSupreme Court of Kansas · 1989
- Ward v. BennerSupreme Court of Kansas · 1913
- Causemaker v. DeRooSupreme Court of Kansas · 1941
- Bremen State Bank v. LofflerSupreme Court of Kansas · 1926
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