Supreme Court of Kansas

Nicholson v. Mercer

November 27, 2024559 P.3d 350

Summary

The court held that the district court had subject-matter jurisdiction over Nicholson's garnishment action even if the assignment of rights ultimately made garnishment unavailable as a matter of statutory law. A defect in the legal basis for relief is a merits defense or failure-to-state-a-claim issue, not a jurisdictional defect, once the court's constitutional power has been properly invoked. The court therefore affirmed the Court of Appeals and district court, while declining to decide the merits of Key's statutory argument.