Ray v. Brenner
Supreme Court of Kansas
Error from Doniphan District Garni. In December, 1872, Ray filed his motion in the district court to revive (as against Brermer) a judgment rendered in his favor in 1862 against one Foreman as principal, and Brenner as surety. The motion was denied, at the December Term 1872, and Bay brings the case here. Other facts will be found in the opinion. It was only necessary for an execution to issue, in order to make the surety Brenner liable in this case on the judgment.
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Error from Doniphan District Garni. In December, 1872, Ray filed his motion in the district court to revive (as against Brermer) a judgment rendered in his favor in 1862 against one Foreman as principal, and Brenner as surety. The motion was denied, at the December Term 1872, and Bay brings the case here. Other facts will be found in the opinion. It was only necessary for an execution to issue, in order to make the surety Brenner liable in this case on the judgment. Once liable, he would continue to so remain, until the statute of limitations would bar the-judgment against him; and the record…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In March 1862 plaintiff recovered judgment in the district court against Austin R. Foreman as principal, and Adam Brenner 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…
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- Hier v. HarpsterSupreme Court of Kansas · 1907
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