Schott v. Linscott
Supreme Court of Kansas
Error from Atchison district court; D. S. Hooper, judge pro tern. STATEMENT. One Wiltz filed a bill of particulars against F. M. Linscott before a justice of the peace in Atchison county and caused summons to be issued thereon. The summons was returned with an indorsement of service by leaving a copy at the usual place of residence of Linscott in the county. Linscott was not otherwise served and made no appearance in the case, and judgment was rendered against him.
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Error from Atchison district court; D. S. Hooper, judge pro tern. STATEMENT. One Wiltz filed a bill of particulars against F. M. Linscott before a justice of the peace in Atchison county and caused summons to be issued thereon. The summons was returned with an indorsement of service by leaving a copy at the usual place of residence of Linscott in the county. Linscott was not otherwise served and made no appearance in the case, and judgment was rendered against him. An execution issued on the judgment and was levied upon a quantity of wool located in the township where the action was pending…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
It is elemental law that a personal judgment rendered against a defendant who has not been served with summons and has no notice of the pendency of the action is void. As to the fact of service, the general rule is that as between the parties to an action the return of the sheriff is conclusive; but if his return is of a fact not within his personal knowledge but dependent upon information received from others a party is not precluded from an inquiry into the facts on which jurisdiction depends. Such inquiry was made *539in this case. - Evidence…
2Cases cited4 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- Bond v. WilsonSupreme Court of Kansas · 1871
- Case v. HannahsSupreme Court of Kansas · 1864
- Ergenbright v. HendersonSupreme Court of Kansas · 1905
3Cited by17 opinions
- Macomber v. KinneySupreme Court of Minnesota · 1910
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Miller v. Massman Construction Co.Supreme Court of Kansas · 1951
- Welsbach Street Lighting Co. v. City of WichitaSupreme Court of Kansas · 1917
- Wichita Federal Savings & Loan Ass'n v. JonesSupreme Court of Kansas · 1942
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