Cole v. Walker
Supreme Court of Kansas
Error from Douglas District Court. Cole filed a petition to vacate and set aside an order made by the district court dismissing an action for want of prosecution. Walker, defendant, demurred. The only question here is, whether said petition is sufficient. The facts set forth in said petition are stated in the opinion of the court.
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Error from Douglas District Court. Cole filed a petition to vacate and set aside an order made by the district court dismissing an action for want of prosecution. Walker, defendant, demurred. The only question here is, whether said petition is sufficient. The facts set forth in said petition are stated in the opinion of the court. The demurrer was sustained by the district court, and plaintiff brings the case here on error. 1. It was an “ unavoidable misfortune” that the attorneys whom plaintiff had'employed in the first place, had to be dismissed by him, whereby he was prevented from…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff filed in the district court of Douglas county a petition to set aside and vacate a certain judgment and order of that court, before that time entered, dismissing a certain action, wherein the plaintiff in error was plaintiff, and the defendant in error was defendant. The proceeding was under §§568, 570, 572 of the civil code, (Gen. Stat, 743, 744.) The defendant in error, who was defendant below, demurred to said petition, on the ground that it did not state facts sufficient to entitle the plaintiff to the relief asked for…
2Cited by3 opinions
- State v. SoffiettiSupreme Court of Kansas · 1913
- Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
- Noble v. ButlerSupreme Court of Kansas · 1881