Ayres v. Wm. Deering & Co.

Citations

• 76 Kan. 149
• 90 P. 794
• 1907 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Default—Enforcement—Misjoinder Not a Defense. Where a judgment by default is rendered against a defendant in a county other than that of his residence, summons having been served upon him at his' home, such proceeding being colorably justified only because the action against him is joined with one against another defendant residing in the county where the suit is brought, a subsequent action brought upon such default judgment' cannot be defeated by showing that the petition upon which it was rendered disclosed upon its face that the cause of action against the non-resident was one that could not properly be joined with that against the resident defendant.</p> <p>2. -Insufficient Defenses — Collateral Attack. Nor can it be shown in defense to an action upon such a judgment that it was rendered while a demurrer filed by the resident defendant was still pending; or that the joinder of the two defendants was collusive, for the purpose of enabling the plaintiff to sue the non-resident defendant outside of the county where he resided; or that after the judgment was rendered against the non-resident defendant the action was dismissed as to the resident defendant.</p> <p>3. Evidence — Judicial Record of Another State — Authentication. A copy of a judicial record of another state, not authenticated as required by the federal statute or by section 371 of the Kansas code (Gen. Stat. 1901, § 4819), which relates in terms to the proceedings of the courts of foreign countries, is not rendered admissible in evidence by being certified to in accordance with the requirements of section 372 of the code (Gen. Stat. 1901, § 4820), which provides for the admission in evidence of copies of records required by law to be kept in any public office, such section having reference only to records kept under authority of the laws of this state or of the United States.</p>