Zimmerman v. Barnes
Supreme Court of Kansas
Error.from Shawnee District Court. On January 12, 1891, the defendant in error commenced an action against the plain tiffs in error, and at the same time filed an affidavit for service by publication, the body of the same being as follows, to wit: “Now comes Thomas B. Barnes, who, after being duly sworn, upon his oath deposes and says : That he is the plaintiff in the above-entitled action; that the defendants therein, William Zimmerman and Mary M. Zimmerman, are…
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Error.from Shawnee District Court. On January 12, 1891, the defendant in error commenced an action against the plain tiffs in error, and at the same time filed an affidavit for service by publication, the body of the same being as follows, to wit: “Now comes Thomas B. Barnes, who, after being duly sworn, upon his oath deposes and says : That he is the plaintiff in the above-entitled action; that the defendants therein, William Zimmerman and Mary M. Zimmerman, are non-residents of the state of Kansas ; that the plaintiff, with due diligence, is unable to make service of summons upon the…
1Opinion of the Court
The opinion of the court was delivered by
Martin, 0. J.: It is unnecessary to consider whether the service by publication was or was not void, • for it was attacked directly by motion in good season, and therefore we have the question before us whether the proceeding was regular or erroneous. It is well settled that, with some exceptions, not including this controversy, the jurisdiction of a court does not extend beyond the boundaries of the state, so as to bind personally by its adjudication those outside of such boundaries. No personal judgment against a non-resident can be obtained, unless…
Also in this document: Concurrence.
2Cases cited5 opinions
- Harris v. ClaflinSupreme Court of Kansas · 1887
- Neal v. ReynoldsSupreme Court of Kansas · 1888
- Repine v. McPhersonSupreme Court of Kansas · 1864
- Wheat v. Platte City & Fort Desmoines R. R.Supreme Court of Kansas · 1868
- Beebe v. CarterSupreme Court of Kansas · 1894
3Cited by6 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Perrine v. Pennroad Corp.Court of Chancery of Delaware · 1933
- Perrine v. Pennroad Corp.Court of Chancery of Delaware · 1933
- Turner v. JarboeSupreme Court of Kansas · 1937
- Knox v. FargusonSupreme Court of Kansas · 1916
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