Board of County Commissioners v. Walter

Citations

• 83 Kan. 743
• 112 P. 599
• 1911 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Affidavit — Opening Judgment — Verification—Amendment— Limitation of Actions. An affidavit of a party who applies to have a judgment opened up and to be let in to defend, verified before his attorney, is irregular and voidable, but is not void, and hence it may be amended by a proper verification; and when the amended affidavit is filed it will relate back to the original affidavit.</p> <p>2. Parties — Opening Judgment Rendered upon Publication Service. Anyone whose rights are affected by a judgment rendered without other service than by publication is entitled to have the judgment opened up when he complies with the provisions of section 83 of the code of 1909, whether or not he was named as defendant in the action.</p> <p>3. Judgments — Publication Service — Application ' to Open — Validity of Judgment Challenged. The fact that he may have challenged the validity of the service and the jurisdiction of the court to render any judgment will' not justify the denial of his application to have the judgment opened up and for an opportunity to set up his rights and defenses.</p>