Park v. Ensign
Supreme Court of Kansas
Error from Johnson district court; John T. Burris, judge. STATEMENT. On August 31, 1895, D. B. Park and S. R. Park leased, in writing, of Daniel Ensign 480 acres of land in Johnson county for one year, commencing March 1, 1896, and, at the same time, the lessees, as principals, and Thomas W. Park, W. H. Strother, and George B. Strother, as sureties, executed and delivered to the lessor certain promissory notes to secure the payment of the rent stipulated for in the lease.
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Error from Johnson district court; John T. Burris, judge. STATEMENT. On August 31, 1895, D. B. Park and S. R. Park leased, in writing, of Daniel Ensign 480 acres of land in Johnson county for one year, commencing March 1, 1896, and, at the same time, the lessees, as principals, and Thomas W. Park, W. H. Strother, and George B. Strother, as sureties, executed and delivered to the lessor certain promissory notes to secure the payment of the rent stipulated for in the lease. On June 14, 1897, the lessor commenced an action, No. 5278, in the district court against D. B. Park, S. R. Park, Thomas…
1Opinion of the Court
The opinion of the court was delivered by
Btlrch, J. :
The fact that one of the sureties, as an attorney at law, conducted the defense of his principals contributed nothing to the effect of the judgment as an estoppel against either himself or his cosureties. So far as he was concerned he might have been limited in making such defense by instructions, or he might have been discharged at any stage of the trial, and, in any event, he was not subject, in the practice of his profession, to the hazai’d of being personally bound by a judgment against his clients. The rules under which one not a party…
2Cases cited5 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- McConnell v. PoorSupreme Court of Iowa · 1901
- Fay v. EdmistonSupreme Court of Kansas · 1881
- Graves v. BulkleySupreme Court of Kansas · 1881
- Kennedy v. BrownSupreme Court of Arkansas · 1878
3Cited by6 opinions
- Indiana University v. Indiana Bonding & Surety Co.Indiana Court of Appeals · 1981
- City of Topeka v. RitchieSupreme Court of Kansas · 1918
- California Bridge & Construction Co. v. United StatesUnited States Court of Claims · 1915
- Miller v. DitlingerSupreme Court of Kansas · 1909
- T & G Con., Inc. v. Pro-Tech Cond. and Heat. Ser., Inc.District Court of Appeal of Florida · 2002
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