Smalley v. Bowling

The opinion of the court was delivered by

Ellis, J.:

This was an action brought on a judgment recovered April 13, 1876, in the district court of Wyandotte county by Thomas B. Bowling, defendant in error, against Henry H. Smalley, plaintiff in error. No execution had ever been issued upon the judgment prior to the bringing of this action, on September 8, 1899, in the district court of Kearny county, and no proceedings for revivor had ever been instituted, but it is alleged in the petition that in the month of June, 1876, the defendant in the judgment named left the state of Kansas and has ever…