19 Kan. 574 | Kan. | 1878
The opinion of the court was delivered by
In this case the question is as to the validity of a judgment of the district court of Doniphan county,
Now whether or not the doctrine of equitable estoppel would have any effect in this case, as claimed by counsel, we shall not inquire. We shall consider no testimony or matters outside the record, except such as tends to prove the fact and contents of a lost instrument. Upon the record as it stands we hold the judgment valid. And we lay-down these as correct propositions of law:
1st. The finding in the journal entry of a judgment of a court of record of due service of summons, is prima facie evidence thereof.
2d. Where this finding is in general terms, and the record discloses one service, and only one, the finding will be presumed to have reference to that service, and the validity of the judgment will be determined by the sufficiency of that service.
3d. But where the record discloses that in fact two summonses were issued, and two services made, and the papers in the case including the summonses are all lost or destroyed, the prima facie evidence of service from the recital in the journal entry will not be overthrown by the fact that but one summons and one return are copied into the final record.
4th. The final record, the journal and the appearance docket are each records of the court, and the silence of the former does not negative the existence of a fact shown by either of the two latter.
These propositions compel an affirmance of the judgment.