Berry v. Fairmount Town Co.
Court of Appeals of Kansas
Memorandum. — Error from Sedgwick court of common pleas; Jacob M. Balderston, judge. Action by The Fairmount Town Company against T. Alexis Berry on a contract for sale of realty. Judgment for plaintiff. Defendant brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
A motio'n has been filed by the defendant in error asking us to dismiss this case for the reason that the record fails to show the presence of the defendant in error at the time the case made was settled, or that he had been served with notice, or had waived notice of the time and place of such settlement. Affidavits have been filed, which are uncontradicted, that the attorney for the defendant in error was present when the case made was settled and signed. This brings the case within the rule laid down in Bank of Claflin v. Rowlinson, 2…
2Cases cited2 opinions
- Iles v. ElledgeSupreme Court of Kansas · 1877
- Bank of Claflin v. RowlinsonCourt of Appeals of Kansas · 1896