Barney v. Ferguson

Citations

• 84 Kan. 587
• 114 P. 1055
• 1911 Kan. LEXIS 374

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Actions and Remedies — Dismissal — Reinstatement — Judicial Discretion. An action to foreclose a mechanic’s lien was dismissed without prejudice. At the same term the attorney for the plaintiff filed a motion to set aside the order of dismissal and to reinstate the cause, on» the ground that it had been ■dismissed under a mistake of fact. The defendant had notice and resisted, affidavits being filed for and against the motion. The principal grounds urged against the reinstatement went to the merits and the right of the plaintiff to maintain the action. Held, that the application was addressed to the sound discretion of the court, that the court could not try the merits of the cause upon affidavits, and that its action in setting aside the dismissal and in reinstating the cause was in the furtherance of justieé. .</p>