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WHITLOCK v. SCHOEB

No. 38,598

173 Kan. 43 (1952)

244 P.2d 189

JACK WHITLOCK and ELLA A. WHITLOCK, his wife, MELVIN KING and GAIL M. KING, his wife, LEONARD FRIEBUS and GEORGIA FRIEBUS, his wife, DONALD E. WYNKOOP and LUCILLE WYNKOOP, his wife, RICHARD E. MARTIN and JUNE L. MARTIN, his wife, C.F. LITSEY and MAXINE A. LITSEY, his wife, Appellants, v. ROY SCHOEB and BYRDIE SCHOEB, his wife; U.R. DRAIN and ORVAL A. BECKEL, as individuals, and as a copartnership doing business as DRAIN & BECKEL AUTO SERVICE, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1952.

Attorney(s) appearing for the Case

Carl A. Bell, Jr., of Wichita, argued the cause, and Grey Dresie, also of Wichita, was with him on the briefs for the appellants.

Ferd E. Evans, Jr., of Wichita, argued the cause, and Lester L. Morris and Verne M. Laing, both of Wichita, were with him on the briefs for the appellees, Roy Schoeb and Byrdie Schoeb.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order sustaining a motion to quash constructive service of process upon two of the named defendants.

The basic question involved is whether constructive service of process is valid in an action wherein the relief sought is an injunction prohibiting nonresident landowners from committing a nuisance in violation of restrictive covenants imposed upon real estate in this state...

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