Hager v. Wilson

Citations

• 106 Kan. 127
• 186 P. 974
• 1920 Kan. LEXIS 468

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction- — Receiver Appointed by Probate Judge — Presumptions as to Jurisdictional Facts — Collateral Attach. In a collateral attack upon the order of a probate judge appointing a receiver in a case brought in the district court, a record of the appointment based upon a finding that the plaintiff was entitled to have a receiver appointed is prima facie evidence that all the essential facts supporting jurisdiction existed and were shown to the probate judge, and his authority to make the appointment is to be presumed until the contrary appears.</p> <p>2. Same — Statutes. Section 123 of the civil code, relating to the presumptions which attach to determinations of courts and officers of special jurisdiction, interpreted and applied.</p> <p>3. Same. The rule of Gehlenberg v. Saline County, 100 Kan. 487, 165 Pac. 286, followed.</p>