Cahill Swift Manufacturing Co. v. Hayes

Citations

• 97 Kan. 740
• 156 P. 735
• 1916 Kan. LEXIS 389

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1.. Motion — To Set Aside Judgment — General Appearance — Waiver of Notice. When a judgment is taken by default and a motion to set it aside is filed, service of notice of the motion is waived when the plaintiff appears and contests the motion on various nonjurisdictional grounds.</p> <p>2. Same — No Appearance — Witness in Attendance. One against whom a lawsuit is pending does not enter appearance therein when he is only in attendance in court as a witness duly served with a subpcena.</p> <p>3. City Court,— Appearance Within the Hour — Jurisdiction. A city court, having jurisdiction similar to that' of a justice of the peace, does not lose jurisdiction of the parties under section 17 of the justices’ civil code, which provides that a defendant is not bound to remain longer than one hour after the time fixed for his appearance, if the plaintiff does not appear, unless the evidence is clear and convincing that the plaintiff failed to appear within the hour.</p> <p>4. Same — Case Not Entered on Unofficial Docket — Jurisdiction Not Lost. When a defendant has been regularly sued and regularly summoned in a case regularly entered on the official docket of a city court the’ court does not lose jurisdiction of the defendant because the case against him is not entered on an unofficial trial docket prepared by the clerk of the court for the judge’s convenience, nor because the judge by mistake tells the defendant that there is no case set for that date.</p> <p>5. Same — Two Defendants — Judgment against Both Valid. Where two defendants are sued in a city court as partners, and one of the defendants asks for and obtains a continuance of the case, the court does not thereby lose jurisdiction to render a judgment on a later date, to which the action was continued, against the codefendant who was present and ready for trial on the day and'hour when the case was first set.</p>