Ludvickson v. Severy State Bank

Citations

• 105 Kan. 225
• 182 P. 396
• 1919 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Garnishment Proceedings •— Before Justice of Peace — Service on Defendant by Publication — Justice Acquired no Jurisdiction. An action was commenced before a justice of the peace of Barber county against parties who had never been in that county, but who resided in Greenwood county; summons was issued and returned unserved, and notice by publication was given. A bank in Barber county was garnisheed, and it answered that it had- money belonging to the parties sued. Judgment was rendered against them; and the bank, under an order of the court, paid into court, out of the funds in its possession, sufficient to pay the judgment and costs. Subsequently, the parties sued commenced an action against the bank to recover the mo.ney that had been paid into court. Held, that the garnishment proceedings and the judgment of the justice of the peace were void, and that payment thereunder did not protect the bank in the action to recover the money.</p>