McPherson v. Martinson

The opinion of the court was delivered by

Mason, J.:

William C. Martinson sued C. W. McPherson in the city court of Wichita for a real-estate commission. On the day before the return day McPherson filed an affidavit for a continuance. He did not appear, however, at the time set for hearing and in his absence a judgment was rendered against him, of which he did not learn until more than ten days later. He brought the ■present action to enjoin the enforcement of the judgment o» th» *829ground that it was void because the filing of the affidavit gave him an absolute right to a continuance. Upon an…