Dye v. Denver & Rio Grande Railroad

Citations

• 101 Kan. 666
• 168 P. 1087
• 1917 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Service by Publication — Motion to Set Aside Sustained — Motion for Rehearing Filed and Continued — Jurisdiction Not Lost. Where a motion to set aside the service on the defendant is sustained, and a motion for a rehearing of the question is filed, the court by continuing the hearing of that motion to the next term may preserve jurisdiction to correct an error in its earlier ruling.</p> <p>2. Same — Sufficient Affidavit — Garnishment. An affidavit for service by publication, based upon garnishment proceedings, held sufficient.</p> <p>8. Same — Answer Filed to Merits — Jurisdiction to Render Personal Judgment. Where an objection to service by publication in a case begun by garnishment is properly overruled, jurisdiction to render a--personal judgment against the defendant, after a trial on the merits, is conferred by his filing an answer, notwithstanding the right to review the ruling on the objection was preserved.</p> <p>4. Shipment op Stock — Damages—Finding—General Verdict.. The special finding in an action against a railroad company for damages to live stock in shipment held not to require a judgment contrary to the general verdict.</p>