O'Neil v. Eppler

Citations

• 90 Kan. 314
• 133 P. 705
• 1913 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Process — Returned as Served “at Usual Place of Residence” —Void Under the Facts. The statutory definitions of the terms “residence” and “usual place of residence” applied to the facts, and held that the service of a summons returned as served at the appellant’s usual place-of residence was void.</p> <p>2. Judgment — Void for Want of Service — Injunction—Pleadings — Evidence. In an action to enjoin the execution of a money judgment void for want of any service the plaintiff is not required to plead in detail and fully prove a meritorious defense to the cause of action upon which the judgment was founded. It is sufficient that he satisfy the court by a fair showing that he is not simply delaying justice by compelling the adverse party to resort to regular procedure.</p>