Estate of Saville v. Schroyer

Citations

• 65 Kan. 303
• 68 P. 1130
• 1902 Kan. LEXIS 45

Syllabus

<p>1. Judgments — Dormancy. It is the issuance, and not the return, of an execution that tolls the statute. The judgment creditor has done all he can when he has sued out the writ, and it is this that keeps the judgment alive.</p> <p>2. - Payment as a Defense. If payment of a judgment sued on has been made, either voluntarily or by means of an execution, the fact should be pleaded and proved. Payment is always a matter of defense.</p> <p>3. Practice, District Court — Reopening of Case. It is not an abuse of discretion by a trial court to permit the introduction of formal proof of the written assignment of a judgment sued on after the evidence has been closed and argument begun, the failure to do so before being a mere oversight, and the fact of the existence of the instrument being well known and it having been spoken of during the progress of the trial.</p>