Board of Com'rs of Butler County v. Black, Sivalls & Bryson, 37869
| Court | United States State Supreme Court of Kansas |
| Citation | 217 P.2d 1070,169 Kan. 225 |
| Docket Number | No. 37869,37869 |
| Parties | BOARD OF COUNTY COM'RS OF BUTLER COUNTY v. BLACK, SIVALLS & BRYSON, Inc., et al. |
| Decision Date | 06 May 1950 |
Page 1070
v.
BLACK, SIVALLS & BRYSON, Inc., et al.
Page 1071
1. In an action against a foreign corporation doing business in this state, such as referred to in G.S.1935, 17-504, jurisdiction must and can only be acquired by the issuance and service of process in the method therein prescribed, or by a voluntary appearance in court.
2. In an action against a foreign insurance company doing business in this state, such as referred to in G.S.1935, 40-218, jurisdiction must and can be acquired only by the issuance and service of process in the method therein prescribed, or by a voluntary appearance in court.
J. Morris Moon, Jr., Assistant County Attorney, Augusta, argued the cause, and O. J. Connell, Jr., County Attorney, El Dorado, on the briefs for appellant.
J. B. McKay, El Dorado, argued the cause, and James B. McKay, Jr., El Dorado, on the briefs for appellees.
WERTZ, Justice.
Appellant filed its petition in the district court of Butler County on March 31, 1949, and on the same day caused summonses to be issued to defendant Black, Sivalls & Bryson, Inc., of Oklahoma City, Oklahoma, and delivered to the secretary of state to serve; to defendants American Automobile Insurance Company and American Automobile Fire Insurance Company, both of St. Louis, Missouri, and delivered to the state commissioner of insurance to serve; and to defendant Lloyd G. Mouser, of McPherson, and delivered to the sheriff of McPherson County to serve. Returns were duly made by the commissioner of insurance on April 1 and by the secretary of state on April 2 showing service of the summonses by forwarding certified copies thereof to the two insurance companies and to the Black company. Return was made on April 1 by the deputy sheriff of McPherson County showing service on defendant Mouser by leaving at his usual place of residence. All defendants appeared specially and filed motions to quash the service. Black, Sivalls & Bryson, Inc., based its motion to quash on the grounds that the purported and pretended summons issued for them (1) was not directed to the secretary of state, and (2) did not require them to answer by a certain day not less than forty days nor more than sixty days from its date. The motions to quash filed by the two insurance companies were based on the grounds that the purported[169 Kan. 226] and pretended...
To continue reading
Request your trial
-
State v. Paxton, 45071
...available for the purpose of the defendant's obtaining a new trial. (State v. Wainwright, 190 Kan. 619, 376 P.2d 829; State v Mc Combs, 169 Kan. 225, 181 P.2d 473.) K.S.A. 62-1410 requires that all challenges for cause be made before the jury is sworn, except where the cause for challenge i......
-
Wallace v. Microsoft Corp., 07-2379-JTM.
...ments before service may be considered valid," 176 F.Supp.2d at 1241, citing Board of Com'rs of Butler County v. Black, Sivalls & Bryson, 169 Kan. 225, 227, 217 P.2d 1070, 1072 (1950). Kansas now only requires substantial compliance with service of process requirements. Myers v. Board of Co......
-
Liebau v. Columbia Cas. Co., 01-1278-JTM.
...service may be considered valid. As noted by the Kansas Supreme Court in Board of Com'rs of Butler County v. Black, Sivalls & Bryson, 169 Kan. 225, 227, 217 P.2d 1070, 1072 (1950), "[f]ailure to comply with [all] statutory requirements renders the attempted service on defendants void." Plai......
-
Dunn v. City of Emporia, 53621
...the method of service provided by statute must be substantially complied with. In Butler County Comm'rs v. Black, Sivalls & Bryson, Inc., 169 Kan. 225, 227, 217 P.2d 1070, we " 'In any action, it is essential that the trial court have jurisdiction not only over the subject matter thereof, b......