Judgments.A judgment is the final determination of the rights of the parties in an action. It may be given for or against one or more of several plaintiffs, or for or against one or more of several defendants. It may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper. The court may also dismiss the petition with costs, in favor of one or more defendants in case of unreasonable neglect on the part of the plaintiff to serve the summons on other defendants, or proceed in the cause against the defendant or defendants served.
In actions to enforce a mortgage, deed or trust, or other lien or charge, a personal judgment is rendered for the amount due, as well to the plaintiff as other parties to the action having liens upon the mortgaged premises with interest thereon, and an order issued for the sale of the property and the application of the proceeds, or such application may be reserved for the further order of the court. The court taxes the costs and expenses which may accrue in the action, apportions the same among the parties according to their respective interests, to be collected on the execution of the order of sale. No real estate can be sold for the payment of any money, or the performance of any contract or agreement in writing, in security for which it may have been pledged or assigned, except in pursuance of a judgment of a court of competent jurisdiction ordering such sale. Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction and, with the assent of the creditor or person having such cause of action, confess judgment therefor; whereupon judgment is entered accordingly.
All judgments and orders must be entered on the journal of the court, and specify clearly the relief granted or order made in the action. The clerk makes a complete record of every cause as soon as it is finally determined, whenever such record is ordered by the court. No judgment on which execution is not taken out and levied before the expiration of one year next after its rendition, operates as a lien on the estate of any debtor, to the prejudice of any other judgment creditor. Judgments are liens on the real estate of the debtor within the county in which the judgment is rendered. By an act approved March 5, 1873, all "judgments and evidences of debt secured by mortgage upon real estate, as well as such mortgages," were made exempt from taxes and taxation, but the statute was repealed by an act approved Jan. 26, 1874. Foreign judgments may be sued on and judgments recovered on them in any of the district courts of the state.Pages 37-38 from volume II of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed July 2002 by Carolyn Ward.
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