Clark v. Spruens

Citations

• 103 Kan. 218
• 173 P. 275
• 1918 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings- — Leave to Amend, Petition — Amended by Interlineation— No Notice to Defendant — Erroneous Judgment Thereon. Where a plaintiff has been required to make his petition more definite and certain, and has obtained time to do so, and he merely amerids by a slight interlineation, and no entry is made in the docket showing that an amended petition has been filed, or that the original petition amended by interlineation has been refiled, and where the defendant has no notice of such amendment, judgment on such a petition should not be entered against defendant for default of answer.</p> <p>2. Motion — To Set Aside Default Judgment — Right of Appeal. The pendency of a motion in the trial court to set aside a judgment entered by default when a cause was not properly at issue does not deprive the aggrieved party of his right to appeal from that judgment, nor need he imperil his right of appeal by delaying it until such motion is decided in the trial court.</p>