Lieberman v. Douglass
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. In banc. STATEMENT. This action, in the nature of ejectment, was commenced on the 28th day of March, 1888, by defendant in error Daisy Wood, against defendants in error Anderson, Saunders, and Bell. Service of summons was made on Saunders. Defendant in error Douglass appeared, and by consent filed an answer and cross-petition.
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. In banc. STATEMENT. This action, in the nature of ejectment, was commenced on the 28th day of March, 1888, by defendant in error Daisy Wood, against defendants in error Anderson, Saunders, and Bell. Service of summons was made on Saunders. Defendant in error Douglass appeared, and by consent filed an answer and cross-petition. An affidavit for service by publication on Anderson was filed October 10, 1888, which, omitting formal parts, reads as follows : “N. H. Wood, being duly sworn,…
1Opinion of the Court
The opinion of the court was delivered by
Pollock, J.:
The affidavit filed in this case for the. purpose of obtaining constructive service on Anderson is defective and. wholly insufficient in law. This affidavit was made in 1888. The statute then in force read (Gen. Stat. 1868, ch. 80, §73) :
“Before service can be made by publication, an affidavit must be filed that service of a summons cannot be made within this state on the defendant or defendants to be served by publication, and showing that the case is one of those mentioned in the preceding section. When such affidavit is filed, the party…
2Cases cited5 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- Shields v. MillerSupreme Court of Kansas · 1872
- People v. MullanCalifornia Supreme Court · 1884
- Board of Commissioners v. LawrenceSupreme Court of Kansas · 1883
- Simcock v. First National BankSupreme Court of Kansas · 1875
3Cited by8 opinions
- Sockey v. WinstockSupreme Court of Oklahoma · 1914
- Ballew v. YoungSupreme Court of Oklahoma · 1909
- Dye v. Denver & Rio Grande RailroadSupreme Court of Kansas · 1917
- Fenton v. BurlesonSupreme Court of Oklahoma · 1912
- Lausten v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1918
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