Grouch v. Martin
| Decision Date | 01 July 1891 |
| Citation | 47 Kan. 313,27 P. 985 |
| Parties | W. S. GROUCH v. F. L. MARTIN |
| Court | Kansas Supreme Court |
Error from Sedgwick Court of Common Pleas.
THE opinion states the case.
Judgment reversed.
Hallowell, Hume & Gordon, for plaintiff in error.
On the 10th day of April, 1889, F. L. Martin obtained judgment against W. S. Grouch for $ 427, and for a sale of certain lots in Wichita, which had been attached at the commencement of the action. The only service had in the case was by publication. Grouch filed no pleading and made no appearance. Judgment was taken upon default. The affidavit filed for the publication was wholly insufficient. It did not state that the plaintiff was unable to make service of the summons upon the defendant, or that the case was one of those mentioned in § 72 of the civil code. (Civil Code, § 73; Shields v. Miller, 9 Kan. 390; Harris v. Claflin, 36 id. 543.)
The judgment of the district court must be reversed.
All the Justices concurring.
To continue reading
Request your trial
-
Robinson v. (Erna Schappert)
...and a judgment founded thereon might be void. (Shields v. Miller, 9 Kan. 390; Grouch v. Martin, 47 Kan. 313, 27 P. 985, and citations, 27 P. 985; Lieberman Douglass, 62 Kan. 784, 64 P. 590.) Since the code revision, however, adherence to the literal directions of the code is not so rigidly ......
-
Cordray v. Cordray
...judgment, the execution, order of sale, and deed, must necessarily be void." Another case bearing upon the same subject is Grouch v. Martin, 47 Kan. 313, 27 P. 985. In this case the affidavit for publication failed to state that the action was one of those mentioned in the "preceding sectio......
-
Romig v. Gillett
...same rule was also announced by the supreme court of Kansas in the cases of Harris v. Claflin, 36 Kan. 543, 13 P. 830, and Grouch v. Martin, 47 Kan. 313, 27 P. 985. judgment of the district court is therefore affirmed, at the costs of the appellants. All the justices concurring, except McAT......
-
Romig v. Gillett
...same rule was also announced by the supreme court of Kansas in the cases of Harris v. Claflin, 36 Kan. 543, 13 P. 830; and Grouch v. Martin, 47 Kan. 313, 27 P. 985. ¶7 The judgment of the district court is therefore affirmed at the costs of the appellants. ¶8 McAtee, J., having presided in ......