Legal Opinion

In Re Marriage of Welliver

Supreme Court of Kansas

Decided March 4, 1994No. 69,396PublishedCited by 11 opinions

1Opinion of the Court

The opinion of the court was delivered by

Lockett, J.:

Edwin Welliver appeals the district court’s denial of his K.S.A. 60-260(b) motion for relief from a default judgment of divorce because: (1) he was improperly served out of state with process by a corporation appointed as a special process server, (2) the decree of divorce and a subsequent nunc pro tunc order were void for the wife’s failure to comply with Supreme Court Rules 118 (1993 Kan. Ct. R. Annot. 119) and 131 (1993 Kan. Ct. R. Annot 127) and K.S.A. 60-255; and (3) the district court abused its discretion in denying his K.S.A.…

2Cases cited9 opinions

  1. Stayton v. StaytonSupreme Court of Kansas · 1973
  2. Szoboszlay v. GlessnerSupreme Court of Kansas · 1983
  3. Land Grant Railway & Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1870
  4. Bazine State Bank v. Pawnee Production Service, Inc.Supreme Court of Kansas · 1989
  5. Automatic Feeder Co. v. TobeySupreme Court of Kansas · 1976

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3Cited by11 opinions

  1. Cook v. CookCourt of Appeals of Kansas · 2003
  2. Boucher v. Peerless Products, Inc.Court of Appeals of Kansas · 1996
  3. First Management, Inc. v. Topeka Investment Group, LLCCourt of Appeals of Kansas · 2012
  4. LE v. JoslinCourt of Appeals of Kansas · 2009
  5. In re the Application to Adopt I.H.H.-L.Court of Appeals of Kansas · 2011

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