Continental Supply Co. v. Whan

Citations

• 111 Kan. 687
• 208 P. 563
• 1922 Kan. LEXIS 322

Syllabus

<p>SYLLABUB BY THE COURT.</p> <p>Jurisdiction — Action on Foreign Judgment — Sheriff’s Return Showing Valid Service May Be Impeached. The action was one to recover on a personal judgment, rendered by a court of competent jurisdiction of the state of West Virginia. The sheriff’s return showed valid service, under the laws of West Virginia, by delivering a copy of the summons at the defendant’s usual place of abode, to his wife, who was a member of his family. Held, the sheriff’s return was only prima jade evidence of valid service, and the defendant could show want of jurisdiction in the West Virginia court by proof that he made no .appearance in the action, that at the time of service he had separated from his wife and was living apart from her, that she was not a member of his family, and that the place where the summons was delivered was not his usual place of abode.</p>