Barnett v. Holyoke Mutual Fire Insurance

Citations

• 78 Kan. 630
• 97 P. 962
• 1908 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — General Appearance — Motion. A motion by a defendant to set aside a judgment rendered against him, which contains both jurisdictional and non-jurisdictional grounds, constitutes a general appearance in the ease.</p> <p>2. -Defective Service Cured. In a suit to recover a judgment on a promissory note, and to foreclose a mortgage on real estate given to secure such note, the maker of the note and mortgage having died his administratrix and minor heirs were made parties and served with summons. A decree of foreclosure was taken against the minors as upon default, they not .appearing in the suit. More than ten years afterward, and eight years after the youngest heir had reached the age of majority, they moved to set aside and vacate the judgment on the grounds, first, that they had not been legally served with summons, and, second, that the petition did not state facts sufficient to constitute a cause of action. The district court denied the motion for the reason that the last ground of the motion constituted a general appearance in the case and cured the defective service of summons complained of in the first ground -thereof. Held, not error.</p>