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80 Kan. 262

Lawson v. Rush

Supreme Court of Kansas

Decided May 8, 1909

Supreme Court of Kansas · decided 1909-05-08

<p>Error from Leavenworth district court; James H. Gillpatrick, judge.</p>

Relies on Kimball v. Connor · Jones v. Standiferd · Curry v. Janicke

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-05-08

How this case has been cited

Cited by 5 later decisions — most recently February 1958

5 state decisions

30190919101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1There is no merit in the contentions of the plaintiffs in error. They were served with summons in the foreclosure proceeding, entered their appearance, and filed dilatory motions which prevented the action from being tried at the October term. The motions were then withdrawn and permission was obtained to answer within twenty days, but no answer was filed. A further extension of twenty days was granted to answer, “without prejudice to a trial at the January term.” At this time one of their codefendants had already filed a cross-petition asking for the foreclosure of a second mortgage. No answer or further appearance was made until six weeks after the judgment was entered, when motions were filed asking the court to set'aside the judgment for irregularity.

¶2The case was regularly set for trial at the January term and was regularly tried. A summons on the cross-petition was not necessary. The original summons brought the defendants into court for every purpose connected with the case, and they were bound to take notice of all the proceedings that followed. (Kimball and others v. Connor, Starks and others, 3 Kan. 414; Curry v. Janicke, 48 Kan. 168; Jones v. Standiferd, 69 Kan. 513, 517.)

¶3The record shows nothing irregular in the proceedings, and discloses such a lack of diligence on the part of the plaintiffs in error as fully to justify the court in refusing to set aside the judgment. Affirmed.

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