Legal Opinion

Mawhinney v. Doane

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 13 opinions

JBJrror from Shawnee District Cowrt. Action brought August 24, 1885, by Fra/nk Mawhinney, who sued in his own right, and Nettie M. Bragunier and Nina F. Bragunier, minors, who sued by their guardian Frank Mawhinney, against Abner Jrl. Doane and another, to recover the amount due on a certain judgment.

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JBJrror from Shawnee District Cowrt. Action brought August 24, 1885, by Fra/nk Mawhinney, who sued in his own right, and Nettie M. Bragunier and Nina F. Bragunier, minors, who sued by their guardian Frank Mawhinney, against Abner Jrl. Doane and another, to recover the amount due on a certain judgment. The petition states in substance that on January 30, 1879, David Shellabarger recovered against Abner H. Doane, Harvey D. Bice and Jeremiah Bragunier, a judgment in the district court of Shawnee county for $2,024.67 debt, $150 attorney’s fee, and $12.30 costs; said judgment to draw 10 per cent,…

1Opinion of the Court

Opinion by

SxmpsoN, C.:

It must be held that this is an action on the judgment, for the reason that the petition so states. The prayer is for a recovery of the amount of the judgment, with interest; and a summons as on a money demand was issued and served. (Gruble v. Wood, 27 Kas. 535.) There was no notice of revivor as required by the statute, served in the case. All these things determine the character or nature of the suit as an action on a judgment. Can it be maintained, or is it barred by the statutes of limitation ? The case of Burnes v. Simpson, 9 Kas. 658, declares that in this state…

2Cases cited3 opinions

  1. Burnes v. SimpsonSupreme Court of Kansas · 1872
  2. Kothman v. SkaggsSupreme Court of Kansas · 1882
  3. Gruble v. WoodSupreme Court of Kansas · 1882

3Cited by13 opinions

  1. Sharp v. SharpSupreme Court of Kansas · 1941
  2. Bauserman v. CharlottSupreme Court of Kansas · 1891
  3. Manley v. MayerSupreme Court of Kansas · 1904
  4. City of Topeka v. RitchieSupreme Court of Kansas · 1918
  5. Bashor v. BeloitIdaho Supreme Court · 1911

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