O'Loughlin v. Overton

Citations

• 68 Kan. 92
• 74 P. 604
• 1903 Kan. LEXIS 411

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators — Attachment of. Assets by Creditor Invalid. When administration of the estate of a deceased person resident in this state has been granted and the administrator has qualified and taken possession of its assets and is proceeding to administer the same under the direction of the probate court, a judgment of a district court against such administrator, sustaining an attachment of the goods of the estate in the hands of the administrator, and directing their sale and the application of the proceeds to the payment of a debt found due from the estate to the plaintiff, is void for want of jurisdiction, and may be set aside at any time on motion.</p> <p>2. -Judgment May be Vacated Notwithstanding Proceeding in Error. The court rendering such judgment is not deprived of jurisdiction to consider such motion because a proceeding in error to reverse such judgment is pending in this court.</p>