Marler v. W. E. Stewart Land Co.

Citations

• 111 Kan. 488
• 207 P. 823
• 1922 Kan. LEXIS 283

Syllabus

<p>syllabus by the court.</p> <p>1. Judgment — Nonresident—Attachment Proceedings — Publication Service— False Affidavit — Vacation of Judgment Denied. A petition to set aside a judgment obtained in attachment proceedings against a nonresident on the grounds that the affidavit for the attachment was false and the judgment therefor void, held to have been properly denied.</p> <p>2. Jurisdiction — Plea to Merits of Controversy — General Appearance — Any Defect in Service Waived. A defendant who moves to set aside a judgment for want of jurisdiction over him and as one of the grounds of his motion alleges that some of the material allegations of the petition are false, and denies the averment of ownership of the property attached as set forth in the petition, is held thereby to submit himself to the jurisdiction of the court.</p> <p>3. Judgment — Publication Service — False Affidavit. The settled rule is followed that a judgment obtained on publication service is not void because the affidavit for publication is false.</p>