Larkin v. Lane
Court of Appeals of Kansas
Memorandum. — Error from Atchison district court; Robert M. Eaton, judge. Action by John M. Lane and H. L. Whitaker against M. E. Larkin, as sheriff of Atchison county, and others, to enjoin them from proceeding under an execution. Judgment for plaintiffs. Defendants bring the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
(Graver, J.:
At the threshold of this case we are met by a motion filed by the defendants in error to dismiss the.case for want of proper parties. It is claimed that, although all necessary persons were made parties when the petition in error was filed, yet since that time one of the plaintiffs in error has died, and the action has not been revived as to him’. The record shows that on February 24, 1892, one Sarah E. Nelson obtained a judgment in the district court of Atchison county for $1,170.28 against Frank Royce, Jesse C. Crall, John Taylor, John M.…
2Cases cited1 opinion
- Barber Asphalt Paving Co. v. BotsfordSupreme Court of Kansas · 1893
3Cited by1 opinion
- Kent v. National Bank of CommerceCourt of Appeals of Kansas · 1899