Feight v. Wyandt

Citations

• 79 Kan. 309
• 99 P. 611
• 1909 Kan. LEXIS 181

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Fraud — Joinder of Parties — Non-residents. The holder and owner of a promissory note resided in Dickinson county, and the makers of the note resided in Republic county. The owner, for the purpose of compelling the makers, to leave the county of their residence to litigate a controversy-known to exist concerning the note, transferred it without, consideration to another, and caused such other to commence an action against the makers and himself, as indorser, in the county where he resided, and serve summons upon the other defendants in the county of their residence. The makers filed an answer containing in substance the facts before stated. A motion for judgment on the pleadings, upon the ground that the answer did not contain facts sufficient to constitute a defense to the petition, was allowed. Held, error.</p> <p>2. Proceeding in Error—Abatement—Payment of Judgment to Prevent Levy of Execution. Where an execution is issued out of the district court against a defendant in an action then pending in the supreme court upon proceedings in error prosecuted by such defendant, payment of the execution to the officer who is about to levy the same upon property is not such a voluntary payment and settlement of the judgment as will abate a proceeding in error.</p>