Legal Opinion

Mulvaney v. Lovejoy

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 9 opinions

Error from Sedgwick District Court. Action to vacate a judgment rendered by the district court of Sedgwick county, on October 17,1884, in favor of O. J. Love-joy and against Pder Mulvaney, for the sum of $521.01. The petition in this case was filed July 16, 1885, and (omitting title) is as follows: “1. Heretofore, to wit, on the — day of —, 1884, the defendant commenced an action in said court, against the plaintiff, by filing a petition, a copy of which is hereto annexed,…

Read the full summary

Error from Sedgwick District Court. Action to vacate a judgment rendered by the district court of Sedgwick county, on October 17,1884, in favor of O. J. Love-joy and against Pder Mulvaney, for the sum of $521.01. The petition in this case was filed July 16, 1885, and (omitting title) is as follows: “1. Heretofore, to wit, on the — day of —, 1884, the defendant commenced an action in said court, against the plaintiff, by filing a petition, a copy of which is hereto annexed, marked ‘A.’ “2. Thereafter, to wit, on the - day of--, by consent of the defendant, plaintiff filed an answer in said…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The plaintiff undertakes to procure a vacation of the judgment and a new trial on the ground of fraud alleged to have been practiced by Lovejoy in obtaining the judgment, and because of the neglect of his own attorney in failing to appear and defend at the trial, and also in failing to notify him when the trial would occur. It is manifest that the plaintiff sought to bring his case within the provisions stated in subdivisions 4 and 7 of § 568 of the code. The statute prescribes that proceedings to vacate a judgment on the grounds mentioned…

2Cited by9 opinions

  1. Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
  2. Provins v. LoviSupreme Court of Oklahoma · 1897
  3. Manuel v. KiddSupreme Court of Oklahoma · 1927
  4. State v. SoffiettiSupreme Court of Kansas · 1913
  5. Sanford v. WeeksSupreme Court of Kansas · 1893

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API