Dunn v. Stufflebeam
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. Alfred Budge, Presiding Judge. Action for contribution by one joint judgment debtor against another for his proportionate share of the judgment. Judgment for plaintiff. “An action to recover the amount of a judgment, with interest, in which a summons is issued and served as on a money demand, is an action on a judgment and not to revive it.”
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. Alfred Budge, Presiding Judge. Action for contribution by one joint judgment debtor against another for his proportionate share of the judgment. Judgment for plaintiff. “An action to recover the amount of a judgment, with interest, in which a summons is issued and served as on a money demand, is an action on a judgment and not to revive it.” (MawMnney v. Doane, 40 Kan. 681, 20 Pac. 488.) The plaintiff and respondent has declared upon the judgment of October 24, 1901, and not upon the original demand.…
1Opinion of the CourtSullivan, C. J.
— This is an action to obtain a judgment for contribution from plaintiff’s joint judgment debtor. It appears from the record that John Lindsay, as guardian of Charles, Belle and Ella Burgess, minors, on May 15, 1901, obtained judgment for the sum of $6,709.85, in the district court of Bingham county, against Dunn, the respondent, and Stufflebeam, the appellant, jointly, as defendants, on a certain surety bond of one Charles Bunting, who was at one time guardian of said minors and who defaulted. Thereafter the plaintiff paid said judgment as follows:
Between May 16, 1897, and Dee. 7, 1899.. .$…
2Cited by3 opinions
- Swanstrom v. Bell.Idaho Supreme Court · 1947
- City of Rome v. Southern Railway Co.Court of Appeals of Georgia · 1934
- Shattuck v. EllisIdaho Supreme Court · 1930