Chandler v. Caples

Citations

• 93 Kan. 313
• 144 P. 191
• 1914 Kan. LEXIS 429

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — In City Court — Motion to Set Aside — Insufficient Affidavit. An affidavit in support of a motion to set aside a judgment of a city court of Kansas City, rendered against a defendant in his absence, which fails to set out in a general way the facts constituting his defense as the statute expressly requires, is insufficient. (Laws 1905, ch. 192, § 2, subdiv. 3.)</p> <p>2. Same — Insufficient Application to Amend Defective Affidavit. Where leave is asked to amend an insufficient affidavit filed in support of a motion to- set aside a judgment, the defendant should in some appropriate manner disclose the nature of the proposed amendment, to the end that the court may consider whether it will be in furtherance of justice.</p> <p>3. Same — Appeal from Judgment in City Court — Procedure. Procedure in a city court and upon appeal to a district court is considered, and the final result reached in this case is affirmed without approving all the proceedings.</p>