Roberts v. Fagan

Citations

• 76 Kan. 536
• 92 P. 559
• 1907 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Service by Publication — Sufficiency of Affidavit. An affidavit for service by publication as required by section 73 of the civil code (Gen. Stat. 1901, § 4507) which reads —</p> <p>“Hattie Roberts, of lawful age, being first duly sworn, on her oath says: That she is the plaintiff in the above-entitled action; that on the 30th day of April, 1902, said plaintiff filed a petition in the district court of the above-named county and state, against said defendant, W. N. Roberts; that said action is an action to obtain a divorce; that said defendant is a non-resident of the state of Kansas, and that personal service of summons cannot be had upon said defendant within the state of Kansas; and that plaintiff wishes to obtain service upon said defendant by publication,”</p> <p>is sufficient, and due publication of notice in pursuance of such affidavit will confer jurisdiction on the district court to' grant a divorce.</p> <p>2. - Property Rights. When parties have been divorced by a court having jurisdiction, and no proceedings have been taken to vacate or modify the decree by appeal until the statutory time therefor has expired, all the rights which either had to the property of the other by reason of the marriage relation will be extinguished by such decree.</p> <p>3. - Affidavit for Service by Publication — Residence of Plaintiff. The statute does not require the residence of the plaintiff to be stated in the affidavit for service by publication, and therefore such a statement therein is unnecessary.</p>