Finn v. Howard

Citations

• 77 Kan. 421
• 94 P. 801
• 1908 Kan. LEXIS 280

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Service by Publication — Affidavit. To obtain service by publication the statutory procedure must be closely followed, and where the affidavit is defective and irregular, but not to the extent of being substantially worthless, a judgment by default entered thereon may be irregular and subject to reversal on error; but if the material facts are inferentially, although imperfectly, stated in the affidavit the judgment will not be absolutely void.</p> <p>2. -Stating Character of Cause of Action in Affidavit. An affidavit to obtain service by publication in a suit to quiet title which recites, among other things, that the plaintiff has filed his petition against the defendants, naming them, praying judgment quieting title to certain lands, describing them, and that the defendants may be barred and foreclosed of any right, title or interest in and to the lands, is not so defective in stating the character of the cause of action as to render a judgment based thereon absolutely void.</p>