Martens v. Green

Citations

• 113 Kan. 142
• 213 P. 642
• 1923 Kan. LEXIS 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment — Service by Publication — Application to Open TJp Judgment Should Have Been Sustained. Where judgment by default was entered on service by publication only, on defendants residing in Ohio, and where the defendants, at the same term of court, after notice to plaintiff, moved to set aside the service because they had no actual notice of the pendency of the action in time to appear and defend', and because of irregularities in the proceedings, including a false statement in the affidavit for service by publication, and that substantial rights would be lost to them unless the judgment were opened up and they were permitted to defend; held, that there was a sufficient compliance by defendants with the provisions of section 83 of the code and that their motion should have been sustained, the judgment opened, and applicants permitted to defend.</p>