Welch v. Challen
Supreme Court of Kansas
Error from, Marion District Court. The record discloses the following facts: That the plaintiffs, D. B. Welch and J. 31. Estep, are, and were at all the times mentioned in their petition herein, residents of the state of Ohio; that they filed their petition in the district court of Marion county on the 16 th day of July, 1883, the allegations of which are substantially as follows: That on the 28th day of September, 1881, the defendant, Laura A'. Challen, filed her petition…
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Error from, Marion District Court. The record discloses the following facts: That the plaintiffs, D. B. Welch and J. 31. Estep, are, and were at all the times mentioned in their petition herein, residents of the state of Ohio; that they filed their petition in the district court of Marion county on the 16 th day of July, 1883, the allegations of which are substantially as follows: That on the 28th day of September, 1881, the defendant, Laura A'. Challen, filed her petition in said court against the plaintiffs, alleging that she was the owner in fee, and was possessed of certain lands,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The principal questions involved in this case are the following: (1.) When, if ever, is the negligence of an attorney at law in permitting a j udgment to be wrongfully rendered against his client such an “unavoidable casualty or misfortune, preventing the party from prosecuting or defending” the action, that the client may have the judgment vacated under §568 of the civil code, and be let in to prosecute or defend the action? (2.) And if ever such negligence may be such an “ unavoidable casualty or misfortune,” was it such in the present…
2Cases cited4 opinions
- Sharp v. Mayor of New YorkNew York Supreme Court · 1860
- Meacham v. DudleyNew York Supreme Court · 1831
- Merritt v. PutnamSupreme Court of Minnesota · 1862
- Hilderbrandt v. RobbeckeSupreme Court of Minnesota · 1873
3Cited by23 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Huls ex rel. Bork v. LumberSupreme Court of Kansas · 1926
- Anderson v. GrahamSupreme Court of Oklahoma · 1922
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Gavin v. HeathSupreme Court of Oklahoma · 1926
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