Brumbaugh v. Wilson

Citations

• 82 Kan. 53
• 107 P. 792
• 1910 Kan. LEXIS 192

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments- — Validity—Default—Petition Demurrable — Collateral Attack. In a collateral attack on a judgment rendered on a default the judgment will not be held void, even if the petition upon which it was rendered does not state facts sufficient to constitute a cause of action.</p> <p>2. -Record of the Proceedings Lost — Secondary Evidence —Presumptions. Where the proceedings of a court are attacked as void years after they occurred, and where the primary evidence of such proceedings is shown to have been lost or destroyed, the court may consider such secondary evidence as may be presented, and may entertain every reasonable presumption consistent with such evidence in support of the validity of such proceedings.</p>