Morris v. Hardie

Citations

• 84 Kan. 9
• 113 P. 308
• 1911 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgments — Publication Service — Amendment of Proof of Publication on Motion to Vacate the Judgment. Pending the hearing of a motion to vacate a judgment rendered by default upon constructive service, the plaintiff by leave of the court filed amended proof of publication, showing that notice of the pendency of the action had been duly published for the required time, as provided by the civil code, although the proof' of publication originally filed and upon which the judgment, was entered showed that publication had not been made for the requisite time. It is held, that such amended proof was properly allowed, and due publication having been shown thereby the motion to vacate the judgment ought to have been denied.</p>