Brown v. Dann

Citations

• 78 Kan. 211
• 97 P. 862
• 1908 Kan. LEXIS 34

Syllabus

<p>1. Judgments — Vacation in the District Court. Plaintiff’s motion in the district court to vacate a judgment was unavailing because no showing was offered or adjudication made that he had a valid cause of action.</p> <p>2. New Trial — Time for Filing Motion — Delay Not Unavoidable. Regarded as a motion for a new trial (Civ. Code, § 306) it came too late, as it could not be said plaintiff was “unavoidably prevented” (Civ. Code, § 308) from filing it within the statutory time.</p>