53 Kan. 574 | Kan. | 1894
The opinion of the court was delivered by
The only question we deem • it necessary to consider in this case is that of the statute of limitations.
It is provided in § 18 of the code of civil procedure that
“Civil actions, other than for the recovery of real property, can only be brought within the following periods after the cause of action shall have accrued, and not afterward: . . . Second. Within three years: An action upon a contract not in writing, express or implied; an action upon a liability created by statute, other than a forfeiture or penalty.”
The only liability claimed by the plaintiff arose under the statute which provides for garnishment after judgment. The liability was such, and only such, as the statute creates. It was complete at the time the garnishees filed their answers,
The judgment is affirmed.