State v. Dixon

Citations

• 90 Kan. 594
• 135 P. 568
• 1913 Kan. LEXIS 270

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute op Limitations — No Defense to an Action by the State. As a general rule statutory limitations do not run against the state when it sues in its sovereign capacity, unless the statute expressly includes the state or the legislative intention to include it is shown by the clearest implication.</p> <p>2. -Nuisance — Perpetual Injunction — Lien for Costs — No Execution for Five Years — Judgment Not Dormant. The code provisions limiting the time within which a revivor of an action or judgment must be had in case of the death of one or more of the parties thereto does not include the state or apply to it, and in order to keep alive a judgment in favor of the state perpetually enjoining the maintaining of a common nuisance under the prohibitory liquor law on certain premises and adjudging that the attorneys’ fees and costs in the case ' be a lien thereon it is not necessary that an execution be issued upon the judgment within five years from the rendition of it as is required to prevent dormancy of an ordinary judgment.</p>