101 Kan. 535 | Kan. | 1917
The opinion of the court was delivered by
On March 7,1916, L. B. Davis filed a petition in the district court of Rush county against M. E. Heynes, asking a judgment for $41,736.88. An attachment was levied upon real estate, and upon an affidavit of the plaintiff that the defendant was a nonresident of the state service by publication was made. The defendant appeared specially and moved to set aside the service upon the ground that he was a resident of Barton county, Kansas, and had been since a time prior to the filing of the petition. A hearing was had upon evidence, which was largely oral, and the court sustained the motion. The plaintiff appeals.
The contention of the plaintiff is that the trial court erred in deciding that the defendant was a resident of Kansas. The defendant testified that he was unmarried; that he had lived in California from January, 1911, until March, 1916, with his mother and sister, in a home which he still owned, and in which they remained; that he came to Barton county on March 4, 1916, and occupied a rented room in a house where he boarded; that one of his purposes in coming at that time was to attend the trial of an action brought against him in the district court of Barton county by the plaintiff, but that he came with
The judgment is affirmed.