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CARTER v. SHIPLEY

No. 43,200

191 Kan. 306 (1963)

380 P.2d 318

JAMES WILBER CARTER, Appellant v. ROBERT M. SHIPLEY, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Elliott Fry, of Wichita, argued the cause, and Henry E. Martz and Clyde Wendelken, both of Wichita, were with him on the brief for the appellant.

Emmet A. Blaes and Charles M. Cline, both of Wichita, argued the cause, and Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda and Loren B. Corliss, all of Wichita, were with them on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This appeal is from an order quashing service of summons and dismissing plaintiff's petition.

The question presented is whether plaintiff's affidavit to obtain service by publication complied with the requirements of G.S. 1961 Supp. 60-2526.

The trial court held that it did not — hence this appeal.

The record shows the following:

Plaintiff's petition alleged that he...

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