Griggs v. Hanson

Citations

• 86 Kan. 632
• 121 P. 1094
• 1912 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Appeal — Jurisdiction—Due Course and Process of Law — Irregularities in Procedure. The action in the district court was one brought there by the defendant’s appeal from the judgment of a justice of the peace before whom the defendant appeared and contested other than jurisdictional matters. The case was one for the recovery of money due on account for goods sold and delivered, involved a sum less than $100 and did not involve the state constitution or the constitution of the United States. The district court having rendered judgment against the defendant by default he appealed to this court and, among others, assigns as error that he has been denied due course of law and has been deprived of property without, due process of law. Held:</p> <p>(1) This court has no jurisdiction to consider any but the constitutional questions.</p> <p>(2) The civil code provides a procedure which satisfies all the requirements of due course and process of law in actions of this kind, and errors and irregularities committed in the administration of such procedure by a district court having jurisdiction of the parties and of the subject matter do not constitute a denial of due course or process of law.</p> <p>(3) An irregularity is the failure to observe that particular course of proceeding which, conformable with the practice of the court, ought to have been observed in the case.</p> <p>(4) The defendant challenges the proceedings on the following grounds: a. The judgment was rendered without notice to him of the time of the hearing, while he was in custody under a commitment for contempt of the probate court and notwithstanding he had requested that such notice be given him; b. The judgment was rendered notwithstanding his motion attacking the verification of the plaintiff’s bill of particulars was pending and was not passed on; e. The plaintiff’s bill of particulars was not properly verified and the judgment was taken without proof; d. A motion to vaca