Hanson v. Wolcott
Supreme Court of Kansas
Error from Wyandotte District Court. In January 1874, Wolcott commenced an action in the district court against two parties, each named Hans Hanson.
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Error from Wyandotte District Court. In January 1874, Wolcott commenced an action in the district court against two parties, each named Hans Hanson. The summons in the action was in due form against both defendants, and was directed to the sheriff of Wyandotte county, whose return on said summons is as follows: “Received this summons on the 9th of January 1874, and served the same in my county by giving to and leaving with Hans Hanson personally a true copy thereof, and by leaving at the usual place of residence of Hans Hanson a true copy thereof, on the 17th of January 1874.” Defendants…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is conclusively shown in this action, within the decision of Bond v. Wilson, 8 Kas. 228, that the *209judgment of the court below was rendered against the plaintiff in error without any service of summons upon him, and that the judgment is void, as the district court had no jurisdiction of the person of said Hans Hanson. Under these circumstances, the district court erred in refusing to vacate said judgment on the motion of plaintiff in error. Counsel for defendant in error contend, that the motion to vanate the void judgment was properly…
2Cases cited3 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Bond v. WilsonSupreme Court of Kansas · 1871
3Cited by31 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- White v. LaddOregon Supreme Court · 1902
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Dane v. DanielWashington Supreme Court · 1902
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
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