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CADWALLADER v. BENNETT

No. 41,883

187 Kan. 246 (1960)

356 P.2d 862

JAMES H. CADWALLADER, by and through his mother and next friend, MRS. JESSIE R. LONG, Appellee, v. CARL T. BENNETT, Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

William R. Smith, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, H.E. Jones, Jerome E. Jones and Robert J. Roth, all of Wichita, were with him on the brief for the appellant.

John W. Sowers, of Wichita, argued the cause, and Clarence R. Sowers, also of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Sedgwick County, Kansas, overruling defendant's motion to vacate a default judgment entered more than four years prior thereto.

The primary question is whether under the facts and circumstances presented by this case the default judgment is void.

The action arose as the result of an automobile accident between the plaintiff (appellee...

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