Supreme Court of Kansas, 1910

Board of County Commissioners v. Smith

Board of County Commissioners v. Smith
Supreme Court of Kansas · Decided April 9, 1910
82 Kan. 857; 107 P. 1119; 1910 Kan. LEXIS 357

Board of County Commissioners v. Smith

Opinion of the Court

Per Curiam:

The journal entry of the judgment sought to be opened shows the applicants were parties to the suit, were served by publication, and that property claimed by them was affected. The evidence in opposition to the application shows *858the case was dismissed as to other lots, and shows conveyance of other lots, but does not contradict the journal entry. Therefore the action of the district court was against the evidence. Besides this, the applicants should have been allowed to introduce their additional evidence. The cause had not been so irrevocably sealed that the immediate offer of more proof, and quite conclusive proof, of just what the court desired to know, was bad.

The judgment is reversed.

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