Pugsley v. Magerfleisch

Lees, C.

Appeal from a denial of a motion for an order vacating a judgment in an action against appellant and other defendants, brought to divide the bed of a dry lake among the owners of the lands bordering upon it.

When the action was commenced appellant was and still is a resident of the state of Kansas. A copy of the summons was delivered to him in that state. He was not personally served with the summons in this state. The affidavit prescribed by section 7737, GL S. 1913, was never filed. The judgment determined that appellant is the owner of a certain tract of land, and then follow these…