Sears' Heirs v. Sears' Heirs
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY APPEAL FROM WHITLEY COURT OF COMMON PLEAS. 1. In cases of constructive service of process, if there is an entire absence of evidence as to the necessary preliminary steps having been taken, the court will presume that its officers did their duty. But when the record shows that certain steps were taken to obtain jurisdiction, and the law does not consider those steps sufficient, the judgment will be regarded as void for want of jurisdiction.
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Case 29 — PETITION EQUITY APPEAL FROM WHITLEY COURT OF COMMON PLEAS. 1. In cases of constructive service of process, if there is an entire absence of evidence as to the necessary preliminary steps having been taken, the court will presume that its officers did their duty. But when the record shows that certain steps were taken to obtain jurisdiction, and the law does not consider those steps sufficient, the judgment will be regarded as void for want of jurisdiction. (Ereeman on Judgments, secs. 125, 130, 132; Clark v. Thompson, 47 111., 25; Hahn v. Kelly, 34 Cal., 391; Newcomb v. Newcomb, 34…
1Opinion of the Court
JUDGE HAZELKIGG
delivered the opinion oe the court.
At the suit of a creditor in December, 1877, the lands of one .Greo. Y. Sears, deceased, were sold under a judgment of the Whitley court. Some of his children were proceeded against as non-residents, and because the jurat of the affidavit for the warning order is not signed by an officer, it is claimed by the appellants — representatives of these non-residents — who are now suing for the lands, that as to them the sale is void. The affidavit, or what purports to be one, follows the petition, is signed by the supposed affiant, and the clerk in…
2Cases cited3 opinions
- Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877
- Wilson v. TeagueCourt of Appeals of Kentucky · 1893
- Dorsey v. KendallCourt of Appeals of Kentucky · 1871
3Cited by9 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Johnson v. CarrollCourt of Appeals of Kentucky · 1921
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- Bamberger v. GreenCourt of Appeals of Kentucky · 1912
- Wallace v. LackeyCourt of Appeals of Kentucky · 1917
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