McCulloch v. Dodge
Supreme Court of Kansas
Error from, Dyon District Oov/rt. McCulloch brought ejectment against Dodge and Holden to recover the possession of 220 acres of land. The summons was duly served. The answer-day was January 5th, 1871. Defendants failing to answer, the plaintiff, at a special term of the court, on the 18th of January, moved for and obtained final judgment against defendants for the recovery of tbeland.
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Error from, Dyon District Oov/rt. McCulloch brought ejectment against Dodge and Holden to recover the possession of 220 acres of land. The summons was duly served. The answer-day was January 5th, 1871. Defendants failing to answer, the plaintiff, at a special term of the court, on the 18th of January, moved for and obtained final judgment against defendants for the recovery of tbeland. On the 7th. of March defendants appeared and moved to set aside the default, and for leave to answer. Said motion appears to have been heard upon oral testimony, upon the single question of laches, and without…
1Opinion of the Court
The opinion of the court was delivered by
'Valentine, J.:
This is a petition in error brought in this court by McCulloch, who was plaintiff below, to reverse an order of the district court setting aside a judgment in favor of the plaintiff and against the defendants. The said judgment was rendered on default. Afterwards it was set aside on motion of the said defendants, and they were allowed to file an answer to the plaintiff’s petition. The action was for the recovery of real estate.
The first question arising in the case is whether said order of the district court is reviewable in this court.…
2Cited by25 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Oklahoma City Land & Development Co. v. PattersonSupreme Court of Oklahoma · 1918
- Short v. NoonerSupreme Court of Kansas · 1876
- Attaway v. WatkinsSupreme Court of Oklahoma · 1934
- Flint v. NoyesSupreme Court of Kansas · 1882
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