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>
Judges: Burch
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- O'Neil v. EpplerSupreme Court of Kansas· 1917-01-06· cited 22×
- Lewis v. United Order of Good SamaritansSupreme Court of Arkansas· 1930-12-15· cited 12×
- Yount v. HooverSupreme Court of Kansas· 1915-06-12· cited 9×
- Stumfoll v. InmanSupreme Court of Kansas· 1961-07-08· cited 4×
- Continental Supply Co. v. WhanSupreme Court of Kansas· 1922-07-08· cited 2×
- Fitzhugh v. Central Trust Co.Supreme Court of Kansas· 1937-11-06· cited 2×
- Hope v. BashorSupreme Court of Kansas· 1917-02-10· cited 1×
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.