GOLDSBERRY v. LEWIS

No. 47,996

220 Kan. 69 (1976)

551 P.2d 862

GARY LEWIS GOLDSBERRY, Appellee, v. GARY LEWIS, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1976.


Attorney(s) appearing for the Case

Bruce E. Borders, of Borders and Borders, of Independence, argued the cause and was on the brief for the appellant.

Jack L. Lively, of Hall, Levy and Lively, of Coffeyville, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

FOTH, C.:

Despite a maze of procedural complexities which tend to obscure it, we think the dispositive issue in this case is whether default judgment was properly rendered in favor of plaintiff at a time when the defendant had pending an undetermined motion questioning the validity of service and the court's jurisdiction over his person. We hold that it was not.

The action arises out of an altercation which...

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