Hawkins v. Smith

The opinion of the court was delivered by

Thiele, J.:

One of the defendants in the above-entitled action appeals from an order of the district court denying her application to vacate a judgment rendered against her for' the asserted reason the judgment was outside the issues involved in the action and therefore void.

Insofar as it is necessary to note, the pleadings disclosed the following: On August 10,1936, plaintiff commenced her action by filing her petition in which she alleged that she owned an undivided ih interest in an oil and gas lease on a certain tract in McPherson county, upon which…