Brenneke v. Duigenan
Court of Appeals of Kansas
Error from Marshall District Court. Hon. B. B. Spilman, Judge. This action was commenced by M. J. Duigenan against Henry Brenneke and Theo. H. Polack, in a justice’s court. The case was afterwards appealed, and tried in the District Court of Marshall County. In the District Court, Duigenan recovered judgment against defendants for $131.60 and costs. Defendants bring the case here for review.
Read the full summary
Error from Marshall District Court. Hon. B. B. Spilman, Judge. This action was commenced by M. J. Duigenan against Henry Brenneke and Theo. H. Polack, in a justice’s court. The case was afterwards appealed, and tried in the District Court of Marshall County. In the District Court, Duigenan recovered judgment against defendants for $131.60 and costs. Defendants bring the case here for review. A. C. Holst and wife executed a mortgage to Henry Brenneke for four hundered dollars on their homestead. The mortgagee, at the time of the execution of the mortgage, paid Holst a portion of the money, and…
1Opinion of the CourtMcElroy, J.
There are but two questions in this case.
I. Are the proceeds of a mortgage on a homestead subject to garnishment for the payment of an ordinary judgment indebtedness? The homestead was exempt, and Holst and wife had a right to sell the homestead *231or mortgage the same, and the money derived from such sale or mortgage -would be exempt. This fund was exempt. It was not subject to garnishment on an ordinary claim or judgment.
II. Are the provisions of chapter 151, Laws of 1889, p. 210, applicable to proceedings in justice’s court? We are of the opinion that it was the intention of the Legislature…
2Cited by2 opinions
- Field v. GoatSupreme Court of Oklahoma · 1918
- Kessler v. FrostSupreme Court of Kansas · 1918