American Bonding Co. v. Dickey

Citations

• 74 Kan. 791
• 88 P. 66
• 1906 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Amendment—Mistake—Surplusage. Where words descriptive of the plaintiff are by mistake used in the title of an action, as “W. S. Dickey Clay Manufacturing Company,” and an allegation is also by mistake inserted in the petition averring that such plaintiff is a corporation, the petition may be amended by striking such words from the title and the allegation from the petition. . Such an amendment is authorized by section 139 of the code. (Gen. Stat. 1901, § 4573.)</p> <p>2. - Changing Cause of Action — Relation of Amendment— Limitation of Action. The amendment of a petition in the manner above stated does not change substantially the cause of action, and if made more than six months after the right of action accrued will relate back to the date of filing the original petition, and the action will not be barred by reason of the six-months’ limitation provided in section 5131 of the General Statutes of 1901.</p> <p>3. Municipal Corporations — Contractor’s Bond. Where a city enters into a contract for the construction of a public sewer, and takes a bond from the contractor for the protection of material-men and laborers, as provided by section 5130 of the General Statutes of 1901, such bond will be deemed to have been taken by a public officer within the purview of such statute. *</p> <p>4. Foreign Corporations — Service of Summons. Where a foreign corporation is doing business and has an office in this state, service of summons, in an action pending in the county where such office is located, may be made upon such corporation under section 4498 of the General Statutes of 1901 by leaving a copy thereof at such office with the person in charge thereof, if it appear that at the time of such service the other officers and representatives of the company mentioned in such section were not found in the county.</p> <p>5. Municipal Corporations — Contract for Public Works — Com- ■ petition. A contract made by a city for the construct