Sanders v. Hall
Supreme Court of Kansas
Error from Shawnee District Court. Action in ejectment, brought by Hall against the plaintiffs in error, on the 28th day of November, 1879. Trial and judgment for the plaintiff, on the 22d day of January, 1880. On the 5th day of March the defendants below filed their demand that said judgment be set aside and a new and second trial be had, as provided by § 599 of the code of civil procedure.
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Error from Shawnee District Court. Action in ejectment, brought by Hall against the plaintiffs in error, on the 28th day of November, 1879. Trial and judgment for the plaintiff, on the 22d day of January, 1880. On the 5th day of March the defendants below filed their demand that said judgment be set aside and a new and second trial be had, as provided by § 599 of the code of civil procedure. The application was heard on that day, and granted against the objection of the plaintiff. Hall brought the case to this court, where it was decided that “ in an action brought for the recovery of real…
1Opinion of the Court
Opinion by
Simpson, C.:
This was an action in ejectment. The petition was filed on the 28th day of November, 1879, and j udgment by default was taken on the 22d day of January, 1880. Sometime in the month of December, and before the answer-day named in the summons, Francis L. Sanders, one of the defendants in the court- below, employed an attorney to defend the action against him and his co-defendants, stating to him all the facts, and receiving from him an assurance that the defendants had a good defense upon the merits to said action. On the 6th day of January, the attorney employed by…
2Cases cited1 opinion
- Hall v. SandersSupreme Court of Kansas · 1881
3Cited by3 opinions
- Elerick v. ReedSupreme Court of Oklahoma · 1925
- Wilson v. JonesSupreme Court of Kansas · 1920
- Board of Education v. National Bank of CommerceCourt of Appeals of Kansas · 1896