Morris v. Sadler

Citations

• 74 Kan. 892
• 88 P. 69
• 1906 Kan. LEXIS 181

Syllabus

<p>1. Service by Publication — Voidable Affidavit. An affidavit for publication service upon which a judgment was based did not follow the precise language of the statute in stating that personal service could not be made within the state. It was said the required fact appeared inferentially from the statement that the parties to be served'were absent from the state, and the affidavit was voidable only.</p> <p>2. Judgment — Fraud—Collateral Attack. It was said that the judgment of a court having jurisdiction of the parties and the subject-matter of an action could not be attacked collaterally for fraud in obtaining it.</p>