Schultz v. Stiner

Citations

• 97 Kan. 555
• 155 P. 1073
• 1916 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment Affidavit — Defective—Capable of Amendment. An attachment affidavit which omits to state the sum the affiant believes the plaintiff ought to recover, but which recites that the defendant has been sued as endorsee of a note, and that the claim is just, due and unpaid, is not void, but capable of amendment.</p> <p>2. Same — Order of Attachment — Not Fatally Defective. Attachment proceedings are not rendered materially defective by an omission of the order expressly to limit to his own county the sheriff’s action under it, or by the fact that the county and state in which attached real estate is situated are mentioned in the return only in the report of the appraisers.</p> <p>3. Judgment — Motion to Set Aside after Term — Statutory Procedure. After the expiration of the term of court at which it was rendered, a judgment which is not absolutely void can not be' set aside on motion unless attacked in due time in accordance with some express statutory procedure. In the present case it is held that the consideration of other questions presented by a motion to set aside a judgment, because of a defective service, is prevented by the incorporation of non jurisdictional grounds therein.</p> <p>4. Mortgage Foreclosure — Receiver—Disposition of Income from Mortgaged Property. By virtue of the statute authorizing the appointment of a receiver in an action to foreclose a real-estate mortgage, if the property is insufficient to discharge the debt, the mortgagee, where that condition exists, has a right to look to the income of the property prior to its sale, and through a receiver appointed after judgment may enforce that right.from the time of such appointment.</p>