Hargis v. Robinson

Citations

• 70 Kan. 589
• 79 P. 119
• 1905 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Equity — Intervention after Reversal — Restitution and Distribution of Fund. After the reversal of a judgment in an equitable proceeding the supreme court ordered the fund which was the subject of the controversy to be returned to the prevailing party. ‘When the order of restitution was sent down the district court permitted a stranger to the suit to intervene and show that the prevailing party had transferred to him a portion of the fund during the progress of the litigation, and thereupon ordered the payment of the same to him. Held, not error.</p> <p>2. Practice, District Court — Dismissal with Prejudice. An order of the court dismissing a case “with prejudice,” made on motion of plaintiff, is a final disposition of the controversy, and unless it be set aside or reversed it will be a bar to a future action.</p>