Berry v. Dewey

Citations

• 102 Kan. 392
• 170 P. 1000
• 1918 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change op Venue — -Disqualification of Regular Judge — Calling in Judge of Another District. Where a change of venue is granted on account of the disqualification of the regular judge, and under section 57 of the code (Gen. Stat. 1915, § 6947) the judge of another district is called in, who, after trying some' of the issues in the case, declines, on 'account of press of business in his own district or for any other reason, to act further, it then becomes the duty of the regular judge of the district court where the case is pending to request the judge of some other district to attend and serve as judge. The jurisdiction of the judge first called in ends with his refusal longer to sit as judge in the case.</p> <p>2. Motion for Judgment — No Other Pleadings Required — Notice of Hearing. Answers or other pleadings to' a motion are not required, and there is no provision for making up issues for the trial of motions. On the hearing of a motion for judgment against the defendant on a stipulation in the action, the defendant, by filing an answer to the motion, does not thereby become entitled under the provisions of section 313 of the code (Gen. Stat. 1915, § 7215) to three days’ notice of the hearing.</p> <p>3. Same — Written Stipulation — Used on Application for Continuance— Estopped to Deny its Validity. Where the defense to a motion for judgment on a written stipulation is, that it was not signed by the defendants but by an attorney who had no authority to act for them, it is proper to admit in evidence an application for a continuance of the action sworn to by the defendants’ attorney, and which refers to the stipulation as a ground for the continuance; and held, further, that having made use of the stipulation to obtain the advantage of a continuance, the defendants should not be permitted to interpose as a defense to the motion the fact that the stipulation was not signed by them individually.</p> <p>4. Actions for Damages — Sett