27 Kan. 469 | Kan. | 1882
The opinion of the court was delivered by
“Now we do not contend that the judgment, before and up to the time of payment of said judgment by said Reece, was valid, for the want of proper service upon him, but do insist upon our position that any voluntary appearance before judgment would be equivalent to a service, or the voluntary payment of a judgment after its rendition, without protest, would have the effect to cure the want of service before judgment. If this position is correct, then what effect would' this have upon the attachment proceedings in said action? It seems to us that the attachment proceedings were immerged in the judgment, and a part of it, and that a payment of the judgment extinguished the judgment and the attachment proceedings therein.”
It is unnecessary to inquire what might be the effect of this payment if it had been a voluntary payment, if it had' been made without process in the hands of the officer; because, as the record here shows, the payment, though perhaps-made without formal protest, was made while an order of
These are the only questions in the case, and in them appearing no error, the judgment of the district court will be affirmed.