Vail v. School District No. 1

Citations

• 86 Kan. 808
• 122 P. 885
• 1912 Kan. LEXIS 394

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment by Default. — Set Aside After Term — Appeal. A judgment by default in an action to recover on coupons clipped from a bond of a school district can not be set aside at a subsequent term without some statutory reason; and mere misapprehension or misunderstanding on the part of the defendant as to whether the action involved outlawed coupons is not a sufficient reason.</p> <p>2. - Not Final Order. But when such judgment is thus set aside and the defendant given time to plead, the order is not final under section 566 of the civil code and an appeal therefrom while the action is still pending will not lie.</p>