Preston v. Denkins

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the power of a court to vacate or modify a judgment is governed by the Rules of Civil Procedure
• serving party must show jurisdictional fact that residence is unknown, not merely allege the residence is unknown to the plaintiff
• observing that the “right to challenge a judgment on the ground that it is void for lack of jurisdiction . . . does not depend upon rules of the court or statute. . . . Statutes of limitations have no application to void judgments”
• “The jurisdiction of the court to enter any judgment must rest on the affidavit in support of service by publication.”
• “The jurisdiction of the court to enter any judgment must rest on the affidavit in support of service by publication.”
• due diligence in determining allegedly unknown residence of defendant as a fact is prerequisite to the jurisdiction of court to enter a default judgment upon service by publication

Source: CourtListener parenthetical corpus (CC0).