Young v. Martin

Citations

• 96 Kan. 748
• 153 P. 542
• 1915 Kan. LEXIS 485

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Opening Judgment — Affidavit by Attorney on Information and Belief— Amendment. An application to open a judgment obtained by publication service which recites all the requisite facts prescribed by section 83 of the civil code is not void merely because the affidavit in support of such application is only verified by defendant’s attorney on information and belief.</p> <p>2. Same. When such application and affidavit are filed within time to open a judgment, such affidavit may be amended or supplemented by positive verification after the time to open the judgment would otherwise have expired.</p> <p>3. Same — Appearance by Attorney• — Ratification by Client. In the absence of an issue squarely raised as to the right of an attorney to appear for a client, it is not error to exclude testimony to show such want of authority; and such an issue becomes immaterial when the client afterwards ratifies the acts of his attorney.</p>