Miller v. Miller

Citations

• 89 Kan. 151
• 130 P. 681
• 1913 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Valid in State Where Decree Was Rendered — Valid Here. By a statute of this state any Judgment or decree of divorce rendered upon publication service in any state of the United States in conformity to the laws thereof has the same force and must he given the same faith and credit as if rendered by a court of this state.</p> <p>2. Jurisdiction — -Judgment—Collateral Attack — Direct Proceedings. It is a law of this state that whenever the jurisdiction of a court depends upon a fact properly litigated and determined in the action itself, the judgment rendered finding the fact is conclusive evidence of its existence and of the jurisdiction of the court until the judgment is vacated, reversed or annulled in a direct proceeding instituted for that purpose.</p> <p>3.Judgment — In Foreign State — Residence—Publication^Service — Can Not be Impeached Collaterally. Under the laws .of the territory of Utah it was necessary for the plaintiff in an action for divorce to plead and prove residence in the territory for one year prior to the commencement of the proceeding. Held, that a judgment of divorce rendered upon publication service against a resident of this state by a court of Utah having jurisdiction of actions for divorce, as the result of proceedings in all respects regular, can not be collaterally impeached in this state on the ground that the plaintiff was in fact a resident of Kansas and not of Utah.</p> <p>4.-Fraud. Neither can such judgment be collaterally impeached on the ground that it was procured by means of fraud practiced by the successful party.</p>