Goldsberry v. Lewis

The opinion of the court was delivered by

Foth, C.:

Despite a maze' of procedural complexities which tend to obscure it, we think the dispositive issue in this case is whether default judgment was properly rendered in favor of plaintiff at a time when the defendant had pending an undetermined motion questioning the validity of service and the court’s jurisdiction over his person. We hold that it was not.

The action arises out of an altercation which occurred near Coffeyville, Kansas, in December, 1972. The original petition alleged that the defendant, Gary Lewis, maliciously shot the plaintiff,…