Williams Ex Rel. Williams v. Kansas State Highway Commission

Tbe opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court refusing to set aside a default judgment entered against the State Highway Commission for $25,000. (Appeal is also taken from the default judgment.)

Two basic questions are presented. The first is procedural and challenges the validity of the appeal. The second is substantive— whether the trial court abused the exercise of its power of discretion in refusing to set aside the default judgment which had been entered within the term.

The facts necessary to determine this appeal are not in…