Morris v. Robbins
Citations
- 83 Kan. 335
- 111 P. 470
- 1910 Kan. LEXIS 533
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Publication Service — Sufficiency of Affidavit. An affidavit to obtain service by publication which inferentially states all the material facts required by statute is not void but is at most only voidable. •</p> <p>2. —- Correction of Affidavit after Judgment. Such an affidavit, if voidable, may, by leave of court', be corrected after judgment by another affidavit showing that the requisite facts existed at the time of filing the original affidavit.</p> <p>3. Judgments — Validity—Collateral Attack. A judgment which is not void but only voidable can not be successfully attacked in a collateral proceeding.</p>
Judges: Smith
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