Dugan v. Harman

Citations

• 80 Kan. 302
• 102 P. 465
• 1909 Kan. LEXIS 65

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgments — Dormancy—Validity of Execution. An execution, which recites that “whereas, on the 13th day of April, 1898, in an action pending before George I. Robinson, a justice of' the peace of Elkhorn township, Lincoln county, in the state of Kansas, John H. Dugan recovered two judgments against. W. P. Harman and Lucy A. Harman for the sum of $368.07,. and the further sum of $6.23 as costs of suit, with interest at. the rate of 10 per cent, per annum from the 9th day of April,. •1898, and afterward the said John H. Dugan duly filed his, abstract of said judgment in the district court of Lincoln county, Kansas,” is not void. And such execution, issued less; than five years after the 13th day of April, 1898, is sufficient to prevent two judgments rendered on that date by the same-court in favor of the same plaintiff and against the same defendants, for separate sums aggregating $368.07, and $6.23 costs, from becoming dormant for a period of five years from the date of such execution.</p>