Berkley v. Tootle
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — lion. Thos. J. Porter, Special Judge. (1) The judgment sued upon had become dormant by lapse of time and had not been revived. Secs. 155 and 139, ch. 95, Gen. Stat. Kan. 1897; secs. 125, 126, 127, 128, 132 and 133, ch. 95, Gen. Stat. Kan. 1897. A dormant judgment is not merely one upon which the right to issue execution has expired. It is dead and of no force. Its life is.gone; its effectiveness has expired.
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Appeal from Buchanan Circuit Court. — lion. Thos. J. Porter, Special Judge. (1) The judgment sued upon had become dormant by lapse of time and had not been revived. Secs. 155 and 139, ch. 95, Gen. Stat. Kan. 1897; secs. 125, 126, 127, 128, 132 and 133, ch. 95, Gen. Stat. Kan. 1897. A dormant judgment is not merely one upon which the right to issue execution has expired. It is dead and of no force. Its life is.gone; its effectiveness has expired. State v. McArthur, 5 Kan. 283; Mawhinney v. Doane, 1Ó Kan. 676; Ballinger v. Eedhead, 1 Kan. App. 138. When a money judgment has lost its force, when…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the Buchanan Circuit Court, in favor of the respondent against the appellants Kate M. Tootle, William, W. Wheeler, Joshua Mobter, and Frances M. Dameron, for the sum of $3,302.85, in an action on a judgment of the Decatur county district court in the State of Kansas.
There was no dispute about the facts, which are as follows:
On the eighth day of March, 1892, the plaintiff obtained judgment in the district court of Decatur county, Kansas (a court of general jurisdiction, having jurisdiction of the parties *590and. of the subject-matter), against Kate M. Tootle,…
2Cases cited16 opinions
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Tootle v. BerkleySupreme Court of Kansas · 1899
- Angell v. MartinSupreme Court of Kansas · 1880
- State ex rel. Henry v. McArthurSupreme Court of Kansas · 1870
- Kothman v. SkaggsSupreme Court of Kansas · 1882
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