Gordon v. Tennhardt

The opinion of the court was delivered by

Smith, J.:

The action was to vacate a judgment and to permit defendant to come in and defend. An order was entered vacating the judgment and granting defendant a new trial. From that order plaintiff appeals.

The facts are substantially as follows: Appellant brought suit against appellee in the court of Topeka. Both parties were represented by counsel in that court. Judgment was for appellee. Appellant appealed to the district court. The case was assigned to the second division. It was set for trial in that division on September 17, 1929. Shortly before…