McLeod v. Palmer

Citations

• 103 Kan. 238
• 173 P. 533
• 1918 Kan. LEXIS 233

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Former Appeal — Questions Therein Decided. The rule in McLeod v. Palmer, 96 Kan. 159, 150 Pac. 535, held to be applicable and controlling' as to the questions, therein decided.</p> <p>2. Opening up Judgment — Publication Service — Requisites of Showing to be Made. In a proceeding to open up a judgment rendered on service by publication only, the defendant making the application, among other things, must show that he did not have actual notice of the action in time to appear and make his defense, and the fact that he was under disability by reason of confinement in the penitentiary furnishes no sufficient reason for opening the judgment if before his disability he had actual notice of the pendency of the action in time to enter his appearance and present his defense.</p> <p>3. Same — Assignment Pending Action — Rights of Assignee. Persons to whom the rights of defendant were assigned after the commencement of the action, and after he had sufficient actual notice thereof, obtained substantially the same rights as the assignor possessed and are bound by the notice which he had.</p>