Kinkel v. Chase

Citations

• 102 Kan. 275
• 169 P. 1134
• 1918 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment Rendered — No Journal Entry Recorded — Judgment Valid. The omission of the clerk to perform the ministerial duty of recording a judgment does not destroy the judgment, nor does its validity or effect remain in abeyance until it is formally entered on the journal.</p> <p>2. Judgment — Creditor’s Bill — Only the Parties■ Affected Thereby. A judgment against the defendant in a suit in the nature of a creditor’s bill will not inure to the benefit of another creditor of defendant, who is neither party nor privy to the judgment.</p> <p>3. Judgment — Contribution Between Judgment Debtors — Subrogation. A surety who satisfies a judgment against his principal, and files with the clerk notice of his intention to claim repayment under section 474 of the code of civil procedure, has all the rights and remedies of an owner of the judgment for the purpose of enforcing repayment.</p> <p>4. Creditor’s Bill — Demurrer to Evidence — Erroneously Sustained. In a suit in the nature of a creditor’s bill, held, that it wUs error for the court to sustain a demurrer to the evidence.</p>