Harry S. Truman, Final Exam in Statutory Rights and Remedies, Kansas City School of Law

KANSAS CITY SCHOOL OF LAW FINAL EXAMINATION STATUTORY RIGHTS AND REMEDIES Dec. 16, 1924. Hon. E. D. Ellison. Mr. Homer A. Cope. Mr. Andrew P. Leacy. I (a) Under what grounds may you not sue in attachment on a demand not yet due? (b) On May 1, 1923 A borrowed $1000.00 from B and gave him his note therefor, falling due May'l, 1925. At the time the note was given C signed the note as surety. On February 1, 1925 A was pre- paring to move with his family to Colorado and was selling all of his property. C hearing of this and knowing that if A left this state he would have to pay the $1000.00 when it matured. C brought an attachment action against A for the $1000.00. Should the at- tachment be sustained? Reason. II (a) A sues B in attachment and the Sheriff levies upon property of C believing it to be the property of B and takes it into his possession. What two legal steps may C take to recover back his property? (b) A sues B in attachment and levies on the property of B and obtains service by publication. B does not appear at the trial and judgment by default is rendered against him. Within what time shall B appear for the purpose of disproving or avoiding the debt or damages adjudged against him? R S 1919 Sect. 1784. III (a) B obtains judgment against C in the Justice Court, and files transcript of the judgment with the clerk of the Circuit Court. TWO months later he has an execution issued from the Justice Court and levies on the personal property of C. C files a motion to quash the execution on the ground that a transcript of said judgment was filed in the Circuit Court and that the execution should have been issued from the Circuit Court. Judgment? Reason. (b) HOW long is a judgment of the Circuit Court a lien on Real Property? How can you have a lien on Real Estate on a Justice of the Library Peace Judgment? AND IV A filed suit against B for damages in the sum of $25,000 returnable to the May Term of the Circuit Court, 1924. Suit was filed March 12, 1924 and copy of summons and petition were left with B's Mother, who, resided with her son. This service was obtained March 25, 1924. B's Mother died on April 10, 1924 and B did not know of the suit against him. B was a traveling sales- man and was in California when a default judgment was entered up against him. The judgment was made final on Aug. 10, 1924. Ex- ecution was issued on Sept. 15, 1924 when B was in Oklahoma. B was murdered Sept. 16, 1924 and his property seized under the execution Sept. 18, 1924. B's heirs filed an injuction suit to enjoin the Sheriff from selling the property to satisfy the judg- ment in question. Judgment for whom and why? V (a) Has the Circuit Court of a county in which one of several non-resident defendants has a bank deposit which is garnished, jurisdiction to summon a person residing in another county as garnishee to answer the interrogatories, notwithstanding the interrogatories relate to his possession of property, credit and