Douglass v. Loftus

Citations

• 85 Kan. 720
• 119 P. 74
• 1911 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Judgments — Trespass to Real Estate — Tort—Contract. A judgment for damages for a trespass to real estate where the tort benefited the tort feasor’s estate to the full extent of the actual damages recovered by the injured party is not a judgment upon a tort pure and simple, but upon a cause of action so far contractual as to bring the judgment within the protection of the provisions of the federal constitution against legislation impairing the obligation of a contract.</p> <p>,2. Stockholders — When Liability Attaches. Where such a judgment was rendered against a corporation June 30, 1906, upon a cause of action which accrued prior to 1899, neither . the statute of 1898 (Laws 1898, ch. 10, §14), which took effect January 11, 1899, changing the remedy of a stockholder from a single action to an action by a receiver; nor the act of 1903 (Laws 1903, ch. 152) repealing all provisions for enforcing the liability of stockholders; nor the constitutional amendment of 1906 limiting the stockholder’s liability to the amount of the stock owned by him, deprived the judgment creditor of the right to maintain a suit on such judgment against a stockholder under the statute as it existed at the time the cause of action accrued.</p> <p>3. -Same. The right of the judgment creditor in the case mentioned in the preceding paragraph to maintain such an action is preserved by the general saving clause (Gen. Stat. 1909, § 9037, subdiv. 1), which provides that the repeal of a statute shall not affect any right which ‘ accrued under it, although no action or proceeding was commenced for the enforcement of such judgment until after the repeal of the statute.</p> <p>4. Stockholder’s Liability — Revivor of Judgment Unnecessary. The revivor of a judgment against a corporation is unnecessary in order to maintain a suit to collect the amount thereof from a stockholder. It is still evidence of the validity, character and amount of the creditor’s claim.</p> <p>5.