(DOWNLOAD) "Jenkins v. Arnold" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Jenkins v. Arnold
- Author : Supreme Court of Kansas
- Release Date : January 21, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This is an action brought by a landlord to recover rental payments from a tenant. The defendant failed to file an answer within the time allowed. The plaintiff took a default judgment for the total amount of his claim. This appeal is from the refusal of the trial court to set aside the default judgment. The facts in the case are undisputed. On September 18, 1975, the plaintiff Jenkins filed a petition against the defendant Arnold seeking to recover judgment in the amount of $1,764.35. The petition alleged that the defendant had taken possession of a mobile home as plaintiff's tenant and had agreed to pay monthly rent plus the electric and propane gas bills. Defendant continued in possession of the mobile home until July of 1975. The total rental obligation owed by the defendant was $2,000 plus electric and propane gas bills amounting of $569.51. The petition alleged payments by the defendant of $805.16, leaving a balance of $1,764.35 due and owing. The defendant was served with summons on September 19, 1975. The defendant's answer day was October 9, 1975. No answer was filed. On October 16, 1975, the plaintiff filed a motion for default judgment and judgment was entered on that day. On October 20, 1975, the defendant filed a motion to set aside the default judgment under K.S.A. 60-260(b) on the grounds of excusable neglect. On October 30, 1975, a hearing was held on the defendant's motion. Following that hearing a journal entry was filed on November 6, 1975, denying [223 Kan. 299]
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