Hill v. Sweet

Supreme Court of Kansas

Decided May 12, 1917

Supreme Court of Kansas · decided 1917-05-12

<p>Appeal from Douglas district court; Charles A, Smart, judge.</p>

Cited by 2 later decisions — most recently May 1924

2 state decisions

Key passage — most relied on by later courts

““This is an appeal from an order setting aside a judgment rendered by-default upon service by publication, and permitting defendants to answer in the action. It has been repeatedly held that such an order is not one which can be reviewed while the action is still pending in the district court.””

quoted by 1 later decision, including Shamel v. Wichita Motors Co.

Relies on McCulloch v. Dodge · List v. Jockheck · Flint v. Noyes

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1917-05-12

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Per Curiam:

¶1This is an appeal from an order setting aside a judgment rendered by default upon service by publication, and permitting defendants to answer in the action. It has been repeatedly held that such an order is not one which can be reviewed while the action is still pending in the district court. McCulloch v. Dodge, 8 Kan. 476.; Flint v. Noyes, 27 Kan. 351, 353; List v. Jockheck, 45 Kan. 349, 27 Pac. 184; Shurtleff v. Chase County, 63 Kan. 645, 652, 66 Pac. 654; Vail v. School District, 86 Kan. 808, 811, 122 Pac. 885.

¶2The appeal is dismissed.