Turner v. Elbing State Bank

Citations

• 91 Kan. 123
• 136 P. 917
• 1913 Kan. LEXIS 346

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment — Rendered in Plaintiff’s Absence — New Trial — Judicial Discretion. A case was tried and judgment rendered in the absence of plaintiff and his counsel, and on an application promptly made a new trial was granted upon a showing that just before the trial one of the counsel for plaintiff Was called to another state by the sickness of his wife, and that his partner, who was engaged in jury trials-in another county, overt •looked the assignment of this case. There was also testimony to the effect that there had been communications from counsel for defendant suggesting that additional time might be needed by them to take depositions and to prepare for trial. In view of the discretion vested in trial courts in the matter of granting new trials, it can -not be held that the court abused its . discretion, nor that there was no basis for granting the motion.</p>