Poll v. Hicks

Citations

• 67 Kan. 191
• 72 P. 847
• 1903 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreign Judgment — Appeal Pending — Presumption of Law. In an action in this state on a judgment rendered in one of the circuit courts of Ohio, the defendant pleaded that he had given a supersedeas bond and appealed the case to the supreme court of Ohio, where it was still pending The Ohio statutes respecting the effect of such appeal were not introduced in evidence. Held, that it will be presumed that the laws of Ohio are like our own, and that the appeal stayed the execution only, and was not an obstacle in the way of an action on the judgment.</p> <p>2. Circuit Courts or Ohio — Jurisdiction. Circuit courts in Ohio are vested by the constitution of that state with judicial power. They are presumed to be courts of general jurisdiction.</p> <p>3. - Status of Trustee. A circuit court of Ohio rendered a judgment and ordered the defendant to pay the amount thereof to a trustee to be thereafter appointed by a designated insolvency court. Held, that the trustee so appointed will be regarded as a functionary of the circuit court, and an instrument of the latter . to give effect to its judgment.</p>