Brown v. Symns Grocer Co.

Supreme Court of Kansas

Brown v. Symns Grocer Co.

82 P. 1134, 72 Kan. 641, 1905 Kan. LEXIS 384

CourtSupreme Court of Kansas

DecidedOctober 7, 1905

DocketNo. 14,064

StatusPublished

This text of 82 P. 1134 (Brown v. Symns Grocer Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Symns Grocer Co., 82 P. 1134, 72 Kan. 641, 1905 Kan. LEXIS 384 (kan 1905).

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Opinions

Per Curiam:

This was an action by assignees of a bond given by a judgment debtor to secure a stay of execution on the judgment. The stay was granted by the court to a certain day, at which time it expired. At the expiration of the stay the bond had served its purpose, the judgment creditor was at liberty to proceed with the collection of his judgment, and no cause of action could thereafter accrue on such bond. Over five years after such stay of execution had expired this action was commenced. These facts appeared on the face of the petition. A demurrer to the petition was sustained. Held, not error.

Mason, J., not sitting. [642]*642(82 Pac. 1134.)

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Per Curiam:

This was an action by assignees of a bond given by a judgment debtor to secure a stay of execution on the judgment. The stay was granted by the court to a certain day, at which time it expired. At the expiration of the stay the bond had served its purpose, the judgment creditor was at liberty to proceed with the collection of his judgment, and no cause of action could thereafter accrue on such bond. Over five years after such stay of execution had expired this action was commenced. These facts appeared on the face of the petition. A demurrer to the petition was sustained. Held, not error.

Mason, J., not sitting. [642]*642(82 Pac. 1134.)

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Bluebook (online)

82 P. 1134, 72 Kan. 641, 1905 Kan. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-symns-grocer-co-kan-1905.