Albright v. Warkentin
Supreme Court of Kansas
Error from Harvey District Court. Action by Warkentin against Albright, to quiet plaintiff’s title to certain lands in Harvey county. The only service made was by publication, and defendant made no appearance in the action. Judgment for plaintiff at the March Term, 1878. August 28,1882, the court refused to open the judgment and let the defendant in to defend. This ruling he brings here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On March 20, 1878, defendant in error obtained in the district court of Harvey county a judgment *443against plaintiff in error, quieting his title to certain real estate in said county. The only service made was by publication, and there was no appearance on the part of defendant. On March 9, 1880, the defendant filed his motion, answer and affidavit, asking to have said judgment opened, and he be permitted to defend. Notice was duly served on plaintiff In October, 1880, the plaintiff filed his affidavit for the continuance of the hearing of…
2Cases cited1 opinion
- Beckwith v. DouglasSupreme Court of Kansas · 1881
3Cited by36 opinions
- Gray v. LawlorCalifornia Supreme Court · 1907
- Nation v. SavelySupreme Court of Oklahoma · 1927
- Felts v. BoyerOregon Supreme Court · 1914
- Leslie v. GibsonSupreme Court of Kansas · 1909
- Brown v. MasseySupreme Court of Oklahoma · 1904
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