Ponca Milling Co. v. Stevens

Citations

• 94 Kan. 745
• 147 P. 815
• 1915 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment — Obtained by Fraud — How Vacated — City Court Has no Jurisdiction to Enjoin Enforcement of Judgment of an. Oklahoma Court. A judgment was obtained in a county court of Oklahoma against the defendant, who was served with summons but made default. A suit on this judgment was brought in the city court of Wichita, and a judgment taken thereon, from which the defendant appealed to the district court and answered setting up a claim of fraud in procuring the Oklahoma judgment, alleging that he owed the plaintiff nothing- and praying that the plaintiff be enjoined from bringing any proceedings for the collection of such judgment, to which answer a demurrer was sustained. JieM>.that the Oklahoma judgment is not void, but, aside from this, the city court had no power to grant the relief prayed for, and the district court, on appeal is equally powerless.</p>