National Bank of America v. Home Security Co.

Citations

• 65 Kan. 642
• 70 P. 646
• 1902 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment— Collateral Attack — Presumption of Appearance. The answer of a defendant to an action in the district court averred that one not then a party to the suit had an interest in the subject of the litigation, setting forth the nature of the interest. The journal entry of judgment recited an appearance by such outside person and the making of an order as to his interest responsive to the allegations of the answer mentioned. The record did not show any pleadings filed by him in the case, or that he was named as a party in any of the pleadings filed by others, or that he was admitted or ordered to be made a party, or that notice or process of any kind was served on him. Held, under the rule of presumptions in favor of the rightfulness of proceedings of courts of general jurisdiction, that, as against a collateral attack on the judgment, a voluntary appearance by the party will be presumed.</p>