City of Fort Scott v. Kansas City, Fort Scott & Memphis Railroad

Citations

• 66 Kan. 610
• 72 P. 238
• 1903 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Joint Tort-eeasors — Contribution. Section 480 of the code of civil procedure (Gen. Stat. 1901, §4926) authorizes contribution between joint judgment debtors, even where the judgment was rendered in an action founded upon a tort.</p> <p>2. - Statutory Notice Unnecessary in Independent Action. The notice required by such section to be filed by one of several judgment debtors who has paid more than his due proportion of the judgment, in order to give him the benefit of the judgment in enforcing contribution, need not be given where he seeks reimbursement by an independent action.</p> <p>3. - Statutory Provision Constitutional. Such section is not open to the objection that it deprives one of property without due process of law.</p>