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BECKER v. ROOTHE

No. 41,424

184 Kan. 830 (1959)

339 P.2d 292

CHARLES BECKER, Appellee, v. HAROLD ROOTHE, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

Jack O. Bowker, of McPherson, argued the cause and was on the brief for appellant.

Russ B. Anderson, of McPherson, argued the cause and Archie T. MacDonald, also of McPherson, was with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court refusing to open a default judgment on the ground that it was irregularly obtained.

An action for damages as a result of an intersection collision was filed on May 23, 1958. The defendant was personally served on May 27, 1958, and on June 24, 1958, one day after the answer was due, a motion for judgment on the pleadings was filed and a default...

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