Dillon v. Heller
Supreme Court of Kansas
Error from, Harper District Court. Action brought by Martin Heller against John H. Dillon, to quiet the title to lot number 10, block number 33, in the city of Anthony, in Harper county: Personal service of summons could not be obtained upon the defendant in Kansas; hence/the plaintiff filed an affidavit for service of summons by publication, which, (omitting court and title) reads as follows: “Isaac A. Love, being first duly sworn, says: That he is attorney for the…
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Error from, Harper District Court. Action brought by Martin Heller against John H. Dillon, to quiet the title to lot number 10, block number 33, in the city of Anthony, in Harper county: Personal service of summons could not be obtained upon the defendant in Kansas; hence/the plaintiff filed an affidavit for service of summons by publication, which, (omitting court and title) reads as follows: “Isaac A. Love, being first duly sworn, says: That he is attorney for the plaintiff herein; that service of summons herein cannot be made upon the defendant in this state; that the defendant is a…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
The plaintiff in error, who was defendant below, claims that the court below erred in the following particulars and for the following reasons, to wit:
“ 1. That service of summons by publication in actions to *601‘quiet title’ is not sufficient to give the court jurisdiction of the party defendant.
“2. That the court, not having jurisdiction of the party defendant, cannot pronounce judgment in the matter.
“ 3. That the service by publication is null and void and of no effect because it does not run in the name or style of ‘ The state of Kansas.’
“…
2Cases cited4 opinions
- Hart v. SansomSupreme Court of the United States · 1884
- Beebe v. DosterSupreme Court of Kansas · 1887
- Amsbaugh v. Exchange Bank of Maquoketa, IowaSupreme Court of Kansas · 1885
- Gillespie v. ThomasSupreme Court of Kansas · 1879
3Cited by19 opinions
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- Wesner v. O'BrienSupreme Court of Kansas · 1896
- Manley v. MayerSupreme Court of Kansas · 1904
- Closson v. ClossonWyoming Supreme Court · 1923
- Matheson v. McCormacSupreme Court of South Carolina · 1938
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