The Wichita daily eagle., 1903-07-25
OLD CASE DECIDED
Judge Dale Yesterday Gave
Decision in Suit "a Years Old.
BEGAN IN MAY 1879
Was Action Brought to Re-
cover S948.50 from G. Ross.

Judge Dale yesterday rendered a decis-
ion in the case of Denny VS.. Ross, which
has been in the district court of Sedgwick
county for nearly quarter of a cen
tury The case is ended unless the plain
tiffs choose to appeal it TO the supreme
court.
The case was first fled In the district
court May 10, 1873. and originally was
entitled Tenny VS.. Ross. This case in
volved a transaction of sS4S.50, which
Daniel K. Tenny claimed was due him
from George Ross from real estate deal.
Four years ago the suit which has just
been decided was filed and it asked for
that sum with interest at 10 per cent
per annum, and the costs in the case.
which together would amount 10 nearly
four times the amount OF the original
claim.
The case was tried in 1879 and a judg-
ment against Mr.. Ross entered but the
executions issued were returned without
property According to the staGte of
limitations a judgment becomes void af-
ter five years unless new executions are
the five years expired until 1887. when
Daniel K. Tenny sold the judgment to
W. F. Denny. Mr.. Ross claims that
soon after this sale he paid the judg-
ment but the records were never cleared
up owing to a squabble of the attorneys
regarding the ownership of the judg-
ment.
In the early COS half dozen attorneys
of this city had a suit against each other
and both parties TO the original suit, but
the attarneys were put out of the case
on a cross petition of Mr.. Ross. During
this time the Judgment became dormant
in that no new executions were issued.
According to the statute of limitations
when a Judgment becomes dormant the
man in whose favor the Judgment is
drawn can bring an action TO revive
the judgment. But this action must be
commenced and an action of revivor
issued before the expiration of one year
after the Judgment became dormant.
This order was never issued and 1t was to
have such an order issued that the case
was brought four years ago which was
decided yesterday by Judge Dale.
In December, 1889, the attorneys for w.
F. Denny filed a petition in the district
court to revive the old judgment and
this case has occupied the attention of
Judge Dale since that time, but more
particularly during the last year when
it has been brought to his attention quite
often.
l. P. Campbell was the attorney for
the plaintiff and Adams & Adams for the
defendant The court records comprise
big armload of papers, mostly briefs Of
argument. The case has been submitted
on briefs and oral arguments. The at
torneys cited law and made arguments
and the other side cited law and argued
and asked for a continuance TO get more
law citations. This kept up for months,
one side having the best of the argument
for time and then the others securing
new opinions and decisions in their favor.
This has kept up and the case has occu-
pied the attention of the court on more
days that any other case pending.
Yesterday Judge Dale delivered his
opinion on the demurrer of the defend
ant, Ross. by his attorneys, Adams &
Adams. in which he held that in an ac-
ton to revive a judgment the order of
revivor must be made within a year after
the Judgment becomes dormant and could
not be made thereaf fer without the con-
sent of the defendant.
Thus one OF the oldest cases on the dis
trict court record has been closed as far
as this court is concerned unless the SUI
preme court should reverse the decision
and send IL back for another trial. The
costs in the case have multiplied until
they almost equal the amount of the
claim.
Nearly every lawyer of note who has
practiced in the Sedgwick county dis
trict court within the past twenty-fifive
years has had a hand In this case at some
time or other. w. W. Guthrie. Stanley
& Hume Youston & Boone. Judge STRAIT
ton Judge Ruggles and several others
have argued the case before different
judges before the case Just decided was
filed.
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