Citizens Building & Loan Ass'n v. Spencer
Citizens Building & Loan Ass'n v. Spencer
Opinion of the Court
The opinion of the court was delivered by
The action was one by a building and loan association to recover from the makers of a promissory note given to the association, and to foreclose a real-estate mortgage securing the note. Judgment was rendered pursuant to the prayer of the petition, an order of sale was issued, the real estate was sold to the association for the full amount of the judgment, the sale was confirmed, and a certificate of sale was issued to the purchaser. After-wards, but in due time, defendants appealed from the judgment on the ground the judgment included interest on the indebtedness at too high a rate.
The note, which was payable in monthly installments, and the
The case came on for trial in May, 1934. Defendants were represented by counsel. The record shows the association introduced its evidence and rested. The defendants introduced no evidence, and the judgment followed as a matter of law. Defendants filed no motion for a new trial, and the judgment became absolute.
The defendant, Albert M. Spencer, appeared in this court and made the statement of his case. He said he was not notified of the time the case would be tried. The association was not required to give notice of the time the case would be tried. Parties must themselves keep track of the progress of their lawsuits in court. Besides that, defendants were represented at the trial by their attorney, and no showing has ever been made to the district court that defendants were prevented from defending because of unavoidable casualty or misfortune.
Cases must be conducted in court according to the rules of civil procedure established by the legislature, or chaos would reign in the administration of justice. This case was disposed of by the district court in accordance with those rules, and the district court has done nothing for which it may be reversed.
The foregoing disposes of the case. In order, however, that defendants may understand they were not unjustly treated, a few words may be added.
Because of certain statutes relating to taxation, the rural-credit business of building and loan associations flourished for a time.
In his statement to the court Mr. Spencer said the rate of interest did not occasion his default, and would have no bearing on his ability to redeem.
The judgment of the district court is affirmed.
Reference
- Full Case Name
- The Citizens Building and Loan Association of Emporia v. Albert M. Spencer and Alice H. Spencer
- Status
- Published