Kendall v. Smith

Citations

• 67 Kan. 90
• 72 P. 543
• 1903 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Judgment of Justice — Right to Equitable Relief Not Shown. In an action on a money demand, pending before a justice of the peace, judgment was rendered against the defendants after an appearance by both parties. The same day plaintiff filed a motion for a new trial, which the justice set down for hearing fourteen days later, counsel for defendants having notice of the time when the motion would be disposed of. At the time set the motion was sustained, defendants not appearing. The trial was then adjourned to another date, four days thereafter, at which time judgment was rendered against one of the defendants for an amount in excess of the first judgment. Defendants were not present in person or by Oounsel when this judgment was entered against them. In a suit to enjoin the levy of an execution based on the judgment, the defendants (plaintiffs below) did not complain that the judgment was unjust or that the debt on which it was founded Was not a valid demand against them. Held, that the execution debtors had no right to equitable relief; apd held, further, that the entry of judgment without notice was at most a mere irregularity or erroneous act, which did not render the judgment void and subject it to collateral attack.</p>