Price v. Rucker

Citations

• 109 Kan. 605
• 201 P. 74
• 1921 Kan. LEXIS 334

Syllabus

<p>■SYLLABUS BY THE COURT.</p> <p>1. Partition — Nonresident Defendant — Sufficient Affidavit for Service by Publication. An affidavit to obtain service by publication which states that the action is one for the partition of certain real property, and that the defendant is a resident of another state, and therefore the plaintiff is unable to procure personal service upon him, is sufficient although it does not show the interests of the parties in the land or that a cause of action exists against the defendant.</p> <p>2. Same It is not necessary that the language employed in the statute relating to the nonresidence of the defendant or the inability of the plaintiff to secure actual service of summons upon him, be used in the affidavit. It is enough if the statements made substantially show the statutory foundations for service by publication.</p>