Missouri Pacific Railway Co. v. Lasca

Citations

• 79 Kan. 311
• 99 P. 616
• 1909 Kan. LEXIS 182

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compromise and Settlement—Injury to Infant—Authority of Parent—Judgment by Consent. A parent has no implied authority to compromise, or settle the claim or cause of action of his infant child or to consent that a judgment may be rendered against him.</p> <p>2. -Authority of Parent—Negotiations for an Adjustment. When acting as next friend for his infant child a parent who has been regularly made a party to an action may properly negotiate for an adjustment of'the controversy. He can not, however, bind the infant by such settlement, which can only become effective by due judicial examination and adjudication.</p> <p>3. - Judgment Entered without a Judicial Investigation. Where the proceedings in court are merely formal, and are instituted and carried 'on only to give an apparent sanction to the settlement, and there is no judicial investigation of the facts upon which the right or extent of the recovery is based, a judgment entered in pursuance of the agreement and by consent merely is only colorable, and will be set aside in a proper proceeding when its effect, if allowed to stand, would be to. bar the infant’s substantial rights.</p>