Wood v. Cobe

Citations

• 80 Kan. 496
• 103 P. 101
• 1909 Kan. LEXIS 100

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1, Judgments — Prerequisite to Opening — Notice. An indispensable prerequisite to the right to open up a judgment under section 77 of the civil code (section 83 of the new code) is that the applicant shall make it appear to the satisfaction of the court that during the pendency of the action he had no actual notice thereof in time to appear and make his defense.</p> <p>2. --Grounds for Opening Insufficient. Mere oversight'and inadvertence of a party in failing to make his defense at the trial of an action of which he had actual notice does not justify the opening up of the judgment under that provision of the code.</p>