Monson v. Battelle

Citations

• 103 Kan. 470
• 173 P. 927
• 1918 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition por New Trial — Death of Opposing Party — No Representative Appointed — Petition a Nullity. The statutory provision authorizing the filing of a petition for a new trial within one year after the rendition of judgment, where the grounds could not be discovered within three days after a verdict, report, or decision in the case'was-rendered, implies the existence of some one that has a right to sue and some one who may be legally sued; and where the plaintiff who recovered a judgment died before a petition for a new trial was filed by the defendant under section 308 of the civil code, and before a representative of the estate of the deceased was appointed, the petition was a nullity.</p> <p>2. Same — Service upon Administrator — Too Late. Vitality is not given to such a petition, nor should it be entertained, upon the issuance of process thereunder and the service thereof upon the administrator of the estate of the deceased more than one year after the rendition of the judgment.</p>