Newhouse v. Heilbrun
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. On May 1, 1889, the firm of Emrich, Newhouse & Co. recovered, in the district court of Osage county, a judgment against the firm of Heilbrun & Lauer for the sum of $357.05 and costs. On April 14, 1894, an execution was issued and returned unsatisfied. On March 13, 1900, the judgment was revived against the defendants. On August 6, 1902, Felix Emrich, one of the plaintiffs, died intestate.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. On May 1, 1889, the firm of Emrich, Newhouse & Co. recovered, in the district court of Osage county, a judgment against the firm of Heilbrun & Lauer for the sum of $357.05 and costs. On April 14, 1894, an execution was issued and returned unsatisfied. On March 13, 1900, the judgment was revived against the defendants. On August 6, 1902, Felix Emrich, one of the plaintiffs, died intestate. No personal representatives of his estate have been appointed, and since his death no revivor of the judgment has been had in the names of…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The only question presented is whether a judgment in favor of a partnership becomes dormant on the death of one of the partners. Plaintiff in error concedes that if the case of Ballinger v. Redhead, 1 Kan. App. 484, 40 Pac. 828, is the accepted law of the state the judgment in this case must be affirmed. It is provided by section 439 of the code of civil procedure as follows:
“If either or both parties die after judgment and before satisfaction thereof, their representatives, real or personal, or both, as the case may require, may be made…
2Cases cited6 opinions
- Blaker v. SandsSupreme Court of Kansas · 1883
- Seeley v. JohnsonSupreme Court of Kansas · 1900
- Ballinger v. James F. Redhead & Co.Court of Appeals of Kansas · 1895
- Shattuck v. ChandlerSupreme Court of Kansas · 1889
- Denny v. RossSupreme Court of Kansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Drew v. ThurlwellSupreme Court of Oklahoma · 1935
- Dow v. SimpsonNew Mexico Supreme Court · 1912
- Gilmore v. State National BankSupreme Court of Kansas · 1913
- Richardson v. PainterSupreme Court of Kansas · 1909
- Campbell v. BohanSupreme Court of Kansas · 1938
4 more not listed; retrieve them via the Exa API.