Cook v. Smith

Citations

• 67 Kan. 53
• 72 P. 524
• 1903 Kan. LEXIS 205

Syllabus

<p>SYLIiABUS BY THE COURT.</p> <p>1. Supersedeas Bond — Insufficient Petition. . In a petition on a bond conditioned for the payment of all damages occasioned by a stay of proceedings in an action for a money judgment, an allegation that the judgment debtors were insolvent when the judgment was finally rendered, nothing, being said as to their solvency prior to that time, affords no basis for the recovery of substantial damages.</p> <p>2. -Limitation of Action. Where a petition on such bond alleges no element of damage other than the mere suspension of .the right to prosecute the case until the determination of a proceeding in error connected with it, the cause of action stated accrued upon such determination and was barred in five years from that time.</p> <p>3. Practice, Supreme Court — Nominal Damages. Where a demurrer to a petition which states no ground for substantial damages is sustained, this court will not reverse the decision merely because the facts stated would entitle plaintiff to nominal damages.</p>