True v. Mendenhall

Citations

• 67 Kan. 497
• 73 P. 67
• 1903 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Judgment of Justice — Equitable Relief. Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a meritorious'defense against the promissory note which was the basis of the judgment, the jurisdictional defect being that the justice after due service of summons failed to attend at the time to which a continuance had been ordered, but afterward made and entered another continuance, in pursuance of which judgment was rendered without further notice to defendant.</p>