Hope v. Bashor

Citations

• 99 Kan. 804
• 163 P. 463

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Motion to Set Aside — Service of Summons — Evidence. The evidence held not to require the reversal of a finding that the place at which the sheriff left a copy of a summons was the residence of the defendant sought to be served.</p> <p>2. Same — Summons—“Usual Place of Residence.” No error was committed in refusing to set aside a judgment in an action for the foreclosure of a real-estate mortgage, upon a motion made by one of the mortgagors after the sale of the property, on the ground that the return of the sheriff showing a service upon her by leaving a copy of the summons at her usual place of residence was false, because she had acquired another domicile some two weeks previously, where her evidence showed that her husband and a son, with whom the copy was left, were still working, eating and sleeping at such place, and no showing was made of any claim of the existence of a meritorious defense or partial defense to the action.</p>