Shamel v. Wichita Motors Co.

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from an order of the court vacating a judgment obtained by default upon service by publication.

Shamel brought an action to recover $1,882.02 as commission for his services for the defendant in the sale of motor trucks. The return on the summons issued was that the defendant was not found in the county and state. An affidavit for service by publication was made, and also an affidavit for attachment under which an order was issued and three trucks of the defendant were seized. No answer was filed, and on April 8, 1922,…