40 Kan. 676 | Kan. | 1889
Opinion by
It must be held that this is an action on the judgment, for the reason that the petition so states. The prayer is for a recovery of the amount of the judgment, with interest; and a summons as on a money demand was issued and served. (Gruble v. Wood, 27 Kas. 535.) There was no notice of revivor as required by the statute, served in the case. All these things determine the character or nature of the suit as an action on a judgment. Can it be maintained, or is it barred by the statutes of limitation ? The case of Burnes v. Simpson, 9 Kas. 658, declares that in this state suits can be maintained on domestic judgments. It was claimed in that case,' that if an action could be maintained on the domestic judgment, it was barred by the statutes of limitation. The statutes relied on in that case to create the bar have long since been repealed, and other limitations substituted; but the logic of that case remains, and must be applied to our present statutes governing the limitations of such actions. The limitation to be applied to suits on a judgment on which no ex
“ Civil actions can only be commenced within the periods prescribed in this article, after the cause of action shall have accrued, but where in special cases a different limitation is prescribed by statute, the action shall be governed by such limitation.”
There are other provisions of the code upon the subject of judgments, their life, lien and operation, which must be considered, so that all statutes upon the subject may be construed together, and all given the effect and operation intended by the law-making power. Judgments are declared liens upon the real estate of the debtor within the county in which they are rendered, from the first day of the term of their rendition. This lien is preserved as against all subsequent ones, if an execution is taken out and levied before the expiration of one year next after the rendition of the judgment. This lien can be preserved by the suing out of another execution within five years from the date of the first, and prolonged indefinitely by successive issues of executions within five years of each other. If an execution shall not be sued out within five years from the date of any judgment, or if five years shall intervene between the dates of issuing execution, the judgment becomes dormant, and ceases to operate as a lien on the estate of the judgment debtor. If either or both parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the case may require, may be made parties to the same, in the same manner as is prescribed
This action was commenced on the 24th day of August, 1885. An administrator of the estate of Sarah F. Mawhin-
There being no error in the ruling of the district court on the demurrer, we recommend its affirmance.
By the Court: It is so ordered.