Dugan v. Harman
Supreme Court of Kansas
Error from Lincoln district court; Rollin R. Rees,, judge. STATEMENT. On the 13th day of April, 1898, John H. Dugan, as plaintiff in.two separate actions before a justice of the peace in Lincoln county, obtained two separate judgments against W. P. Harman and wife, one for $291.55 and $2.26 costs, the other for $76.52 and $2.47 costs. Each judgment bore interest at 10 per cent, per annum..
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Error from Lincoln district court; Rollin R. Rees,, judge. STATEMENT. On the 13th day of April, 1898, John H. Dugan, as plaintiff in.two separate actions before a justice of the peace in Lincoln county, obtained two separate judgments against W. P. Harman and wife, one for $291.55 and $2.26 costs, the other for $76.52 and $2.47 costs. Each judgment bore interest at 10 per cent, per annum.. On August 4,1900, an abstract of each judgment was; filed in the office of the clerk of the district court of Lincoln county and separately entered in the journal of justice’s judgments and upon the…
1DissentSmith, J.
(dissenting) : I am unable to concur in the decision of the court. I think that the execution not only fails to identify two judgments for separate amounts in separate actions, but, on the other hand, misstates the facts. It recites that the two judgments were rendered “in an action” for the sum of $368.07, etc.; also, that Dugan “duly filed his abstract of said judgment.” Of course, if the other facts recited justify the construction, I concede that an “s” should be added to this word “judgment,” and that wherever necessary to harmonize the recitals a noun in the singular should be regarded…
2Cases cited1 opinion
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