Guernsey v. First National Bank

Citations

• 63 Kan. 203
• 65 P. 250
• 1901 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Order Rescinding an Order of Dissolution. After making an order for the dissolution of an attachment a judge of a district court, at chambers, upon application of the plaintiff and a showing that such order was obtained by perjury and fraud, may, after notice to the adverse party, grant a rehearing upon such motion, to ascertain whether the former ruling was induced by such unlawful means, and, if he shall so determine, he may rescind the order dissolving the attachment and deny the motion therefor.</p> <p>2. - Priority of Liens of Creditors. In such case, when the first order of the judge contains a provision that its operation shall be suspended for thirty days, and during the period of suspension the plaintiff procures the order of dissolution to be rescinded in the manner and for the reasons mentioned in the preceding paragraph, such attachment will be considered as continuing in force so as to retain a priority of lien on the part of the plaintiff in said action as against one who, before the making of said first order by said judge, levied an execution subject to the attachment upon the property seized thereunder.</p>