Avery Co. v. Seeley

Citations

• 110 Kan. 590
• 204 P. 731
• 1922 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Trial — Judgment—Motion for New Trial Taken Under Advisement — Decision on Motion not Learned until too Late to Appeal — Petition for a New Trial Must Be Presented Within One Year from Date of Judgment. Where the purchaser of an article sues the seller for damages on the ground that it was represented as being worth $2,400 when it was in fact practically worthless, obtaining a judgment for $1,900, and the seller later repurchases the article from the buyer for $1,500 and sells it for the same amount to a disinterested person, in order that such circumstance may be made available as newly discovered evidence entitling the defendant to a new trial, a petition therefor must be presented within one year from the date of the judgment.</p> <p>2. Same — No Sufficient Grounds for New Trial Stated in Petition. Where the losing party in a case tried in the district court files and submits a motion for a new trial which is taken under advisement without any definite time being fixed for its decision, and some weeks later is overruled, the fact that such party does not learn of the ruling for more than six months afterwards, and therefore loses his right to appeal therefrom, does not entitle him to have the judgment and ruling on the motion set aside by the trial court on a petition showing these facts, although it also appears that he believed it was . . the practice of the court to see that the parties were notified of such' rulings, and relied upon the promise of an attorney for another party in the case (not his adversary) to keep him advised of developments.</p>