Schieffer v. Patterson

PHILLIPS, Chief Justice.

This appeal arises from a damage suit to which the defendant below and the appellant here failed to file an answer; consequently, a default judgment was taken against him. Appellant then moved that this judgment be set aside and that he be granted a new trial. The trial court overruled this motion except insofar as it asks for a new trial on the issue of damages, which issue was ordered severed from the case. Appellant then perfected his appeal to this Court.

We dismiss the appeal.

We base our decision on the rule announced in Kansas University Endowment Ass’n v. King,…