Dunlap v. Denison

Citations

• 83 Kan. 757
• 112 P. 598
• 1911 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Words, and Phrases — “Actual Notice” — “Knowledge.” Actual notice and knowledge are not always synonymous. Upon proof of sufficient facts the law will presume that a party has information equivalent in its legal effects to actual knowledge.</p> <p>2. Judgments — Publication Service — Opening—Actual Notice— Agent. A party against whom a judgment has been rendered upon service by publication only can not have the judgment opened up under section 83 of the code of 1909 by showing that he had no actual notice of the action in time to defend, where it sufficiently appears by counter affidavits that an agent duly authorized by him to represent him in the subject matter of the litigation had notice in time to defend.</p> <p>3. -■ Notice to Agent — Authority of Agent. Where such an application is made and counter affidavits are presented, and it is attempted to bring actual notice to the defendant by showing notice to an agent, the authority of the agent to represent the party in the particular litigation in which the notice was given must be established by clear and satisfactory proof.</p> <p>4. —,- Same. The evidence in this case examined and held not sufficient to show authority of the agent to represent the appellant in the subject matter of the action.</p>