Legal Opinion

Missouri Pacific Railway Co. v. Lasca

Supreme Court of Kansas

Decided January 12, 1909No. 15,750PublishedCited by 37 opinions

Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action commenced by Charles Lasca, a minor about six years of age, by Nick Lasca, his father and next friend, to set aside a judgment rendered September 9, 1901, in the same court in favor of Nick Lasca and Anna Lasca, father and mother and next friends of Charles Lasca, a minor, against the Missouri Pacific Railway Company for $95 and costs.

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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action commenced by Charles Lasca, a minor about six years of age, by Nick Lasca, his father and next friend, to set aside a judgment rendered September 9, 1901, in the same court in favor of Nick Lasca and Anna Lasca, father and mother and next friends of Charles Lasca, a minor, against the Missouri Pacific Railway Company for $95 and costs. The petition states that the defendant caused the judgment referred to to be rendered against itself; that there was no trial upon pleadings and proofs nor upon…

1Opinion of the Court

*316The opinion of the court was delivered by

Benson, J.:

The preliminary agreement, the entry on the judge’s minutes, the satisfaction of the judgment and the findings of fact all show that the former judgment was entered by consent only. The court upon inquiry learned that the boy had been injured by the defendant company, and that the parents had agreed for their son to accept.$100 in full satisfaction for the injury. There was no judicial examination concerning the facts or the extent of the injury. It was, as the agreement recited that it should be, a “friendly suit,” designed merely to give…

2Cases cited16 opinions

  1. Kingsbury v. BucknerSupreme Court of the United States · 1890
  2. Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
  3. Kromer v. FridayWashington Supreme Court · 1895
  4. Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
  5. Walsh v. WalshMassachusetts Supreme Judicial Court · 1874

11 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Dionisio v. Dacanay and Reynaldo C. Dacanay, by His Father and Next Friend v. Saturnina Mendoza, Victor P. Mendoza, and Doe Insurance Co. No. 1Court of Appeals for the Ninth Circuit · 1978
  2. Burrell v. JeanIndiana Supreme Court · 1925
  3. Metzner v. NewmanMichigan Supreme Court · 1923
  4. Childs Ex Rel. Harvey v. WilliamsSupreme Court of Kansas · 1988
  5. Bayer v. BayerWashington Supreme Court · 1915

32 more not listed; retrieve them via the Exa API.

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