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85 Kan. 201

Harris v. Burbery

Supreme Court of Kansas

Decided June 10, 1911

Supreme Court of Kansas · decided 1911-06-10

<p>HEADNOTE BY THE REPORTER.</p> <p>Judgments — Validiy—Publication Service — Notice—Irregularities. Judgments based upon publication service held not to-have been rendered void by various irregularities.</p>

Cited by 2 later decisions — most recently May 1943

2 state decisions

Relies on Harris v. Defenbaugh · Swearingen v. Howser · Wagner v. Beadle

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-06-10

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Per Curiam:

¶1Every question save, one raised by the-appellant has been decided adversely to him in recent. *202cases involving the same judgments quieting title. (Harris v. Defenbaugh, 82 Kan. 765; Wagner v. Beadle, 82 Kan. 468, syl. ¶ 2; Aherne v. Investment Co., 82 Kan. 435.)

¶2The other point which was not determined by these eases is whether the Ahern judgment is absolutely void because the affidavit for service by publication was sworn to before one-Edward Dill who appears to have been an attorney for the plaintiff at the time the judgment was rendered. If he were the attorney for the party making the affidavit at the time it was made the judgment might be voidable but would not be void. (Swearingen v. Howser, 37 Kan. 126; Fair v. Bank, 70 Kan. 612.)

¶3The evidence appears to show that Dill was not an attorney of record for the plaintiff at the time the affidavit was executed.

¶4The judgment is affirmed.

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