Lombard v. Uhrich

Citations

• 102 Kan. 780
• 172 P. 32
• 1918 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Judgment for Weekly Payments— Petition for New Trial — No Grounds for New Trial Alleged. Judgment was rendered under the workmen’s compensation act, providing for the payment of four dollars a week during the period of plaintiff’s partial incapacity, and providing that the defendants should be relieved from the payments if they continued the plaintiff in their employ and paid him the same wages as he received before he was injured, and providing that whenever the plaintiff should quit the defendants’ employ, the payments should begin. A petition for a new trial was filed, alleging that the plaintiff acted fraudulently in procuring the judgment, in that he intended to quit the defendants’ employ and seek employment elsewhere at increased wages, and alleging that the plaintiff did quit the defendants’ employ and did procure eminent elsewhere at increased wages. Held, that the petition did not .state facts sufficient to compel the trial court to grant a new trial.</p> <p>2. Same — New Order as to Payments Proper. Under the circumstances disclosed in paragraph 1 of this syllabus, the court ordered that if the defendants defaulted in the payment of four dollars a week the entire amount of compensation should become due, and that execution should then issue therefor. Held, that it was not error to' enter that order.</p>