Headley v. Challiss
Supreme Court of Kansas
Error from Atehison District Court. This case was here before, and is reported in 9 Kas. 684, where a full statement of the facts will be found.
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Error from Atehison District Court. This case was here before, and is reported in 9 Kas. 684, where a full statement of the facts will be found. It was brought here then by Challiss, who complained of the order of- the district court overruling his motion for leave to correct a record by supplying a certain “proof of publication,” which should have been filed in 1862. This court reversed the order and decision of the district court, and sent the case back with instructions to the district court “ to permit the amendments to be made, the motions [of Headley and others, to set aside the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a proceeding in error to review the decision of the district court overruling a motion to set aside a judgment. The judgment was rendered in an action to *606foreclose- a mortgage, and upon service only by publication. This case has been once before to this court. (Challiss v. Headley, 9 Kas. 684.) Upon abundant authority, and well-settled principles, the decision at that time has become the established law of the case. Phelan v. City of San Francisco, 20 Cal. 40; Polack v. McGrath, 38 Cal. 666; Yates v. Smith, 40 Cal. 662; McKinlay v.…
2Cases cited7 opinions
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