Schnitzler v. Fourth National Bank
Court of Appeals of Kansas
Memorandum. — Error from Sedgwick court of common pleas; Jacob M. Balderston, judge. Action by Fritz Schnitzler against the Fourth National Bank of Wichita, Kas. Judgment for defendant. Plain tiff brings the case here.
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Memorandum. — Error from Sedgwick court of common pleas; Jacob M. Balderston, judge. Action by Fritz Schnitzler against the Fourth National Bank of Wichita, Kas. Judgment for defendant. Plain tiff brings the case here. The statement of the case, as made by Dennison, J., is as follows : This is an action brought in the court of common pleas of Sedgwick county, Kansas, in which the plaintiff in error filed a verified petition under ¶- 4671 of the General Statutes of 1889, asking the court to vacate a judgment which had been prior thereto rendered against him in favor of this defendant in error,…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
To maintain this action the plaintiff must allege and prove three things: (1) The *680judgment sought to be vacated; (2) the grounds to vacate it; (3) the defense to the action. The defendant in error in its brief claims that the petition does not set forth the judgment complained of. This contention will not avail him now, for the reason that the defect in the petition in not setting forth the judgment is cured by the answer which admits the rendition of the judgment, and the evidence which contains the petition, summons and judgment in…
2Cases cited4 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Barkley v. StateSupreme Court of Kansas · 1875
- Andrews v. AlcornSupreme Court of Kansas · 1874
- Winsor v. GoddardSupreme Court of Kansas · 1875
3Cited by8 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- Utah Commercial & Savings Bank v. TrumboUtah Supreme Court · 1898
- McLaughlin v. NettletonSupreme Court of Oklahoma · 1909
- Swartz v. EnglishCourt of Appeals of Kansas · 1896
- Stainbrook v. MeskillSupreme Court of Oklahoma · 1915
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