5 Kan. 280 | Kan. | 1870
By the Court,
The affidavit of the relator shows that, on the 31st day of October, 1860, he recovered a judgment against one B. Thomas, for $408 and costs, in the district court
Judgment. Section 395 of the civil code, corresponding with section 380 of the code in the compiled laws, defines “ a judgment as the final determination of the rights of the parties in ah action.” Whatever was the definition of a judgment at common law, and whatever distinctions existed between a judgment and a decree under the old systems of practice, the section above quoted is decisive as to what is a judgment, under the code, and and it makes no difference whether it is what would formally be called a judgment, an order, or a decree. The action of the court in the case of the relator, in 1860, was a final determination of the rights of the parties, and consequently was a judgment.
Revival of. Section 445 of the code corresponding with section 434, in the compiled laws, prescribes that if execution shall not be sued out within five years