Ray v. Brenner
Supreme Court of Kansas
Error from Doniphan district court. The case is stated in the opinion. It was only necessary for an execution to issue, in order to make the surety Brenner liable in this ease on the judgment. Once liable, he would continue to so remain, until the statute of limitations would bar the judgment against him; and the reeord shows that several executions were issued.
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Error from Doniphan district court. The case is stated in the opinion. It was only necessary for an execution to issue, in order to make the surety Brenner liable in this ease on the judgment. Once liable, he would continue to so remain, until the statute of limitations would bar the judgment against him; and the reeord shows that several executions were issued. The death of Foreman would not set the statute in motion, as to the defendant Brenner, who was liable upon the judgment after execution issued, independent of Foreman; and nothing but payment would satisfy the judgment. If Brenner…
1Opinion of the CourtBrewer, J.
In March, 1862, plaintiff recovered judgment in the district court against Austin R. Foreman as principal, and Adam *91Brenner as surety. On this judgment executions were issued, the-last being of date August 3, 1864. They were returned unsatisfied. Foreman died in November, 1864, and his estate was administered in the probate court of that county, and final settlement, after a lapse-of three years, made in January, 1868. The estate was solvent, and if this judgment had been presented for allowance it could have been collected; but it was not presented to the administrator, nor the court. In…
2Cases cited7 opinions
- Crawford v. GauldenSupreme Court of Georgia · 1862
- Phillips v. SolomonSupreme Court of Georgia · 1871
- Davis v. GrahamSupreme Court of Iowa · 1870
- Mundorff v. SingerSupreme Court of Pennsylvania · 1836
- Hollingsworth v. TannerSupreme Court of Georgia · 1871
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