· 1/21/1978
Jenkins v. Arnold
Citations
- 573 P.2d 1013
- 223 Kan. 298
- 1978 Kan. LEXIS 225
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing reckless indifference or inexcusable neglect from unintentional inadvertence or excusable neglect, the latter including failure of counsel to answer
- Court upheld trial court’s denial of motion to set aside default judgment because though the defendant demonstrated excusable neglect, he failed to establish a meritorious defense.
- \A litigant should not be unnecessarily penalized for the simple neglect of his agent or counsel.\
- “[A] court should resolve any doubt in favor of the motion [to set aside the default] so that cases may be decided on their merits.”
- “A litigant should not be unnecessarily penalized for the simple neglect of his agent or counsel.”
- \[A] court should resolve any doubt in favor of the motion [to set aside a default judgment] so that cases may be decided on their merits.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Prager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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