Burnes v. Simpson
Supreme Court of Kansas
Error from Douglas District Court. Fielding Burnes and Lewis Burnes, as plaintiffs, recovered a judgment against 8. N. Simpson and Edwin Bucle, jr., as defendants, “In the First District Court of Kansas Territory sitting in Leavenworth county-for the trial of causes arising under the laws of said Territory.” Said judgment was rendered on the 4th of June 1859, and for the sum of $3,054 and costs.
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Error from Douglas District Court. Fielding Burnes and Lewis Burnes, as plaintiffs, recovered a judgment against 8. N. Simpson and Edwin Bucle, jr., as defendants, “In the First District Court of Kansas Territory sitting in Leavenworth county-for the trial of causes arising under the laws of said Territory.” Said judgment was rendered on the 4th of June 1859, and for the sum of $3,054 and costs. On the 2d of June 1869 said Burnes & Burnes commenced an action in the district court of Douglas •county, against Simpson and Buck, counting on their > said judgment. The petition alleged that “said…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This action was brought in the district court of Douglas county on a judgment rendered by the district court of Leavenworth county. The court below sustained a demurrer to the petition. Several questions are presented.
I. Does such an action lie? It is conceded that such am action lies at common law. There is nothing in the code that *663divests that right. In this case we have nothing to do with the question of costs. It may be, by analogy, drawn from some of the provisions of the code, that the creditor pursuing .such a course is not…
2Cases cited5 opinions
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Ames v. HoyCalifornia Supreme Court · 1859
- Todd v. CrumbU.S. Circuit Court for the District of Ohio · 1850
- Holcombe v. TracySupreme Court of Minnesota · 1858
- Simpson v. Cochran & CherrieSupreme Court of Iowa · 1867
3Cited by31 opinions
- Sharp v. SharpSupreme Court of Kansas · 1941
- Angell v. MartinSupreme Court of Kansas · 1880
- Yarlott v. BrownIndiana Supreme Court · 1923
- Dempsey v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1892
- City of Topeka v. RitchieSupreme Court of Kansas · 1918
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