Wetmore State Bank v. Courter

Citations

• 97 Kan. 178
• 155 P. 27
• 1916 Kan. LEXIS 257

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Opening Judgment — When New Summons Unnecessary. On the filing of a petition to open a judgment it is not necessary to issue a new summons to a defendant who had permitted the judgment to be taken against him by default.</p> <p>2. Same — General Appearance Waives Summons. Rule followed that summons is not necessary when a voluntary general appearance is entered.</p> <p>3. Appearance — What Constitutes a General Appearance. A general appearance is entered by a defendant, (a) when he files a motion to make plaintiff’s petition more definite and certain; (6) when he joins in a stipulation that plaintiff may have further time to amend his petition; (c) when files a general denial; (d) when he files an answer to the cross-petition of his codefendant.</p> <p>4. Amendment to Pleadings — Judicial Discretion. Rule followed that the allowance or refusal to allow amendments to pleadings is within the sound discretion of the trial court.</p> <p>5. Mortgage Foreclosure — Venue Where Land is Situated. A foreclosure action is properly brought in the county where the land is situated, and the grantee of the mortgaged land who had assumed and agreed to pay the mortgage is a proper party defendant in such action.</p> <p>6. Sam:e — Evidence—Contents of Deed — When Record May be Impeached. When upon due demand a defendant, grantee of a tract of land, is unable or unwilling to produce the deed conveying the title to him, secondary evidence of its contents is admissible although the record of the register of deeds shows a purported copy of the deed, it being the contention of the demandant that the register’s record is an inaccurate copy of the original deed.</p> <p>7. Verdict — May be Received by Attorney by Agreement. Rule announced in The State v. Keehn, 85 Kan. 765, 118 Pac. 851, that by agreement of the litigants and with the approval of the trial judge in open court, the verdict of the jury may be received by a designated attorney in the absence