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Jurisdiction to render judgment in rem inheres only in courts of the state which is the situs of the res.18

1243. Parties

"Judgment may be given for or against one or more of several plaintiffs, and 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 may be 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." 19

land purchased therewith in his wife's name, properly brought in county where land was, where jurisdiction was obtained on one defendant, in view of Code Civ. Proc. § 61 (Gen. St. 1915, § 6952), summons could be served on other defendant in another county, warranting establishment of a lien against land, but not a personal judgment against defendant served in another county. Clingman v. Hill, 104 Kan. 145, 178 P. 243.

That a judgment for plaintiff in a suit to quiet title contained an ineffective recital that any of plaintiff's children thereafter born should have no interest in the property held not to invalidate the judgment as against parties duly served and against whom decree was rendered. Bell v. Watkins, 135 P. 596, 90 Kan. 558.

That a judgment rendered against an estate under Rev. Laws 1910, § 6350, directed the issuance of execution held not to impair its effectiveness as an adjudicated claim against the estate. National Lumber & Creosoting Co. v. Robison's Estate, 48 Okl. 140, 149 P. 1133.

18 Sharp v. Sharp (Oki.) 166 P. 175, L. R. A. 1917F, 562.

19 Rev. Laws 1910, § 5124.

In equitable suit in district court, where all parties, plaintiffs and defend. ants, were before court, and submitted proof to sustain their pleadings, court, under Rev. Laws 1910, § 5124, should render a judgment meeting all exigencies of litigation and equitably settle all conflicting rights and claims, however numerous and complicated. Henderson v. Arkansas (Okl.) 176 P. 751.

A personal judgment for the price of land may be rendered in an action against the purchaser who went into possession, though his wife was not a party; no claim of homestead exemption being asserted. Witt v. Boothe, 158 P. 851, 98 Kan. 554.

A party is bound by the allegations of his pleadings, and is not entitled to recover a judgment against one of two defendants as a city treasurer, when

Where three defendants, in a joint answer, have claimed damages by reason of a breach of warranty, one defendant cannot recover damages which have accrued to himself individually and in which the other defendants have no joint interest.20

Where parties who are not served are not necessary parties, a judgment may be sustained as to the parties against whom it is properly rendered. 21

Where, in an action against a railroad company and its employés, the company was liable solely on the principle of respondeat superior, a judgment on a verdict against the company and in favor of one of the employés is unauthorized.22

Where a separate judgment is rendered against each of two separate defendants it is immaterial, for the purpose of enforcing the judgment against one of the defendants, whether the judgment against the other defendant is void or valid.23

In an action on a note in which the payee is joined with another beneficially interested, where the payee transfers its interest to its coplaintiff, judgment may be rendered in the name of the plaintiff solely entitled thereto.24

In an action against a guardian on an attachment bond signed by his name as "guardian," a judgment against the guardian is a personal judgment against him, and is not a charge against the ward's person or estate.25

the petition alleges that the defendants are jointly indebted to plaintiff as a banking firm, but must recover against both defendants, or wholly fail in the action. City of Syracuse v. Reed, 49 P. 259, 5 Kan. App. 806.

In action against several minor defendants, who defended by legal guardian, who was also guardian ad litem, there being no evidence to support judgment against one of defendants, judgment against guardian will be reversed. Folsom v. Mullen, 56 Okl. 550, 156 P. 326.

20 Dempster Mill Mfg. Co. v. Fitzwater, 49 P. 624, 6 Kan. App. 24. 21 Echols v. Reeburgh, 62 Okl. 67, 161 P. 1065.

An action was commenced against three persons as a partnership, under the name and style of R. & Co., to recover the price of a barrel of whisky. An answer under oath was filed, denying the partnership, and no reply was filed, nor any evidence offered to prove the partnership. The case proceeded against the parties as individuals. Held that, where the facts fixed the liability of one of the persons, a judgment rendered against that one individually was not error. Smith v. Straub, 20 P. 516, 41 Kan. 7.

22 Chicago, R. I. & P. Ry. Co. v. Austin, 144 P. 1069, 43 Okl. 698.

23 School Dist. No. 63 v. Chicago Lumber Co., 21 P. 599, 41 Kan. 618.

24 Wade v. Hall, 64 Okl. 173, 166 P. 720.

25 Jones v. Johnson (Okl.) 178 P. 984.

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"When a judgment is recovered against one or more persons, jointly indebted upon contract, those who were not originally summoned may be made parties to the judgment by action." 26

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§ 1245. Confession by defendant-Form

"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 shall be en tered accordingly." 27

(Caption.)

CONFESSION OF JUDGMENT BY DEFENDANT

I, A. B., the defendant above named, do hereby confess judgment in the above entitled cause in favor of the plaintiff, C. D., for the sum of $ —, and I hereby authorize entry of judgment herein for said sum in favor of said plaintiff. I hereby state that the facts on which the indebtedness for which judgment is confessed arose as follows: (Stating same), and that said sum of $ due from me to the said C. D. on said indebtedness. (Verification.)

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is justly

A. B.

"If any person be in custody in a civil action, at the suit of another, no warrant of attorney, executed by the person in custody,

26 Rev. Laws 1910, § 5298.

27 Rev. Laws 1910, § 5131.

to confess judgment in favor of the person at whose suit he is in custody, shall be of any force, unless some attorney, expressly named by the person in custody, be present and sign the warrant of attorney as a witness." 28

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"Judgments may be entered upon confession by an attorney, authorized for that purpose by a warrant of attorney, acknowledged or proved as conveyances of land, without any previous process or proceeding; and judgments so entered shall be a lien from the date of entry."

99 29

A court has no jurisdiction to enter a judgment for plaintiff, in an action on a note, upon an appearance made for defendant under a stipulation in the note authorizing entry of appearance by any attorney of a court of record; this being, in effect, a confession of judgment not in accordance with the statutory provisions.

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"Every attorney, who shall confess judgment in any casc, shall, at the time of making such confession, produce the warrant of attorney for making the same to the court before which he makes. the confession, and the original, or a copy of the warrant, shall be filed with the clerk of the court in which the judgment shall be entered." 10 გ.

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Where a judgment was entered on stipulation, the court having jurisdiction of the subject-matter and of the parties, it will not be set aside at the same term without a showing that some injustice has been done to the party against whom it was rendered.32

Where the counsel for both parties submitted all issues presented by a motion for judgment on the pleadings and consented to such judgment as the court might enter, they waived any objection that

28 Rev. Laws 1910, § 5137.

29 Rev. Laws 1910, § 5132; Harn v. Cole, 95 P. 415, 20 Okl. 553.

30 McCrairy v. Ware, 51 P. 293, 6 Kan. App. 155.

31 Rev. Laws 1910, § 5136.

32 Starr v. Tennant, 128 P. 733, 35 Okl. 125.

Where a judgment was entered on stipulation and approved by all the parties and their counsel, the court properly refused to set it aside on motion of some of the parties only, in the absence of fraud in procuring a consent judgment. United States Const. Co. v. Armour Packing Co., 128 P. 731, 35 Okl. 177.

otherwise might have been made that judgment was rendered before the case regularly stood for trial.33

A judgment confessed by one without authority may be set aside on motion and proper showing.34

Where one of several joint debtors on a note consents to a judgment against all without a trial, and on motion the court sets aside the judgment as to a portion of the defendants who did not authorize such consent, it is error not to set the judgment aside as to all of the defendants.35

A consent decree is not void as between the parties because another should have been made a party, or because infant parties were not properly represented.30

A judgment rendered by the judge in vacation and in another county is void, though entered by agreement of the parties.""

§ 1249. Cause to be stated

"The debt or cause of action shall be briefly stated in the judg ment, or in writing, to be filed as pleadings in other actions." 38 § 1250.

Affidavit

"Before any judgment shall be entered by confession, an affidavit of the defendant must be filed, stating concisely the facts on which the indebtedness arose, and that the amount of such indebtedness is justly due and owing by the defendant to the plaintiff." "

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"Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and

38 Dawson v. Kroning (Okl.) 173 P. 521.

84 Where, in an action against a school district, a director, assuming to act for the district, appears and confesses judgment for the full amount of the claim, such judgment will be set aside on motion of the treasurer of the district, showing that all authority had been taken from the director to appear for the district and vested in such treasurer, that the director had knowledge of such fact, and that the judgment of confession was obtained by fraud and collusion between plaintiff and such director. Moore v. School Dist. No. 71 of Oklahoma County, 66 P. 279, 11 Okl. 332.

35 Outcalt v. Collier, 58 P. 642, 8 Okl. 473, reversing judgment 52 P. 738, 6 Okl. 615, on rehearing.

36 Schermerhorn v. Mahaffie, 8 P. 199, 34 Kan. 108; Same v. Williams, Id. 87 Dunn v. Carrier, 40 Okl. 214, 135 P. 337,

88 Rev. Laws 1910, § 5133.

89 Rev. Laws 1910, § 5134.

For form of affidavit, see ante, § 1245.

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