Rennolds v. Guthrie

Citations

• 103 Kan. 829
• 177 P. 359
• 1918 Kan. LEXIS 395

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Of Parties and Subject Matter — Final Orders Unappealed from — Res Judicata. Rule followed that where a court has jurisdiction of the subject matter of an action and has jurisdiction of the parties thereto, its orders and judgments as to all matters involved in the action are final _ and conclusive, unless corrected or modified on appeal;' and such matters cannot be relitigated by the parties in an original proceeding before another tribunal.</p> <p>2. Same. During the pendency of foreclosure proceedings in the federal court, a receiver was appointed for plaintiff’s real estate. The receiver collected the rents, not only' during the pendency of the foreclosure proceedings, but during the eighteen months’ redemption period thereafter. All these rental moneys were delivered by the receiver to the clerk of the federal court, and the latter paid-them out as ordered by that court. Held, that an independent lawsuit cannot now be maintained in a district court of this state to recover any part of these moneys, as the parties and the subject matter were under the jurisdiction of the federal court, and its judgment, unless corrected in that court or by appeal therefrom, is final and conclusive.</p>