Williamson v. Kansas & Texas Coal Co.
Court of Appeals of Kansas
Error from Crawford District Court. Hon. J. S. West, Judge. Plaintiff’s petition alleges that the defendant in error had sued the plaintiff in error in the Circuit Court of Benton County, Arkansas, obtained a personal service of summons, and attached certain personal property of plaintiff. The case proceeded to final judgment, and the attached property was sold by order of the court and the proceeds applied toward the payment of the judgment.
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Error from Crawford District Court. Hon. J. S. West, Judge. Plaintiff’s petition alleges that the defendant in error had sued the plaintiff in error in the Circuit Court of Benton County, Arkansas, obtained a personal service of summons, and attached certain personal property of plaintiff. The case proceeded to final judgment, and the attached property was sold by order of the court and the proceeds applied toward the payment of the judgment. The property attached was not exempt from attachment in Arkansas, but would have been exempt in Kansas. Plaintiff was a citizen of Kansas and defendant…
1Opinion of the CourtMilton, J.
It is contended by counsel for defendant that the proceedings in error should be dismissed for the reason that no judgment was entered in the case. We think that proceedings in error may be taken from the ruling of the trial court sustaining a demurrer to the petition on the ground stated, notwithstanding the fact that the record fails to' show that a final judgment for costs was entered in the case.
*446An examination of the petition convinces us that it fails to show any right of recovery against the defendant, and any lack of right on the part of defendant to institute and maintain the…
2Cases cited2 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
3Cited by1 opinion
- Hale v. BroeSupreme Court of Oklahoma · 1907