Ames v. Freeman

Citations

• 83 Kan. 585
• 112 P. 160
• 1910 Kan. LEXIS 586

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Void Summons — Waiver—Voluntary Appearance. Where a defendant is served with a void summons issued by a justice of the peace, but at the time named in the summons appears before the justice of the peace and submits himself to be sworn as a witness by the plaintiff, and testifies as to the merits of the case in response to questions propounded by the attorney for the plaintiff in the presence of the justice, such conduct amounts to a voluntary appearance in the action and is as binding as the valid service of a legal summons would have been; and a judgment entered upon such trial will not be enjoined as void.</p> <p>2. Judgments — Jurisdiction of the Parties — Enforcement. Where in such a case an application is made to the district court to enjoin the collection of such a judgment, and the court finds that the conduct of the defendant before the justice of the peace amounted to a voluntary appearance in the action, and for that reason refuses to allow the injunction, such refusal will not be deemed erroneous.</p>