Estate of Thompson v. Turner

SHEPARD, Justice.

This is an appeal from the district court’s order dismissing a complaint in an action on an earlier judgment. Appellant (Estate of Vina Thompson) secured a money judgment for $137,000 against two defendants, including respondent here (Paul Turner). Shortly before the expiration of six years, appellant filed the instant action by way of complaint in which appellant recited the earlier judgment. Process was issued and served upon respondent. The respondent sought and gained a dismissal of the action on the basis that it was not a new and independent action on the judgment. We…