Aherne v. WaKeeney Land & Investment Co.

Citations

• 82 Kan. 435
• 108 P. 842
• 1910 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Publication Service — Age of Affidavit When Order is Procured — Validity of Judgment. An affidavit, such as is prescribed by chapter 326 of the Laws of 1905, was presented to the district court for the purpose of obtaining an order to serve defendants by publication. The court, after examination of the affidavit, found it .in all respects in compliance with the law, and thereupon made the order. Notice by publication was given in accordance with such order, and at the proper time a decree to quiet title was entered against all the defendants, upon default. Thirty-seven days intervened between the date when the affidavit was sworn to and when the order was made. Held, that this lapse of time alone does not make the decree void.</p> <p>2. Jurisdiction — Waiver — Proceedings to Vacate Judgment. Where a judgment has been entered in an action against defendants over whom the court did not have jurisdiction, and such defendants voluntarily request the court to open such judgment under section 77 of the code (Gen. Stat. 1901, § 4511) and permit them to plead in the action, which request is granted, and the pleadings are filed and the issues made thereby are litigated by such parties, all questions of jurisdiction are thereby waived and the parties are in court for all the purposes of the action.</p>