Chubbuck v. Beaty

Citations

• 80 Kan. 789
• 104 P. 558
• 1909 Kan. LEXIS 163

Syllabus

<p>1. Motion to Open Judgment — Notice of Pendency of Action. An application to open a judgment reiidered upon publication service, on the ground that the defendant did not have notice of the pendency of the action, was properly denied.</p> <p>2. -Evidence — Affidavits by the Adverse Party. A deposition offered in evidence to show that the defendant had notice that the action was pending was an affidavit within the meaning of section 77 of the .civil code.</p> <p>3. -,-Evidence. It was said that section 77 of the civil code does not prohibit the court from hearing any competent evidence tending to show that the defendant had notice of the pendency of the action in time to defend.</p>