Benson v. Altenburg

The opinion of the court was delivered by

Hopkins, J.:

In a motion by the defendant, Margaret Altenburg, to modify the judgment heretofore affirmed by this court (see Benson v. Altenburg, 124 Kan. 296, 259 Pac. 791), it is contended that no personal judgment was sought against her as an individual other than to enjoin her from a sale of the property in controversy; that no facts were pleaded in the petition which would sustain a personal judgment against her. The trial court in a memorandum opinion, among other things, stated:

“The court therefore finds the issues in favor of the plaintiff, and…