Cadwallader v. Bennett

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the district court of Sedgwick County, Kansas, overruling defendant’s motion to vacate a default judgment entered more than four years prior thereto.

The primary question is whether under the facts and circumstances presented by this case the default judgment is void.

The action arose as the result of an automobile accident between the plaintiff (appellee) and the defendant (appellant) on March 13, 1955. The petition, after several preliminaries, alleged that the plaintiff was a minor sixteen years of age;…