Brock v. Francis

Citations

• 89 Kan. 463
• 131 P. 1179

Syllabus

<p>syllabus BY THE COURT.</p> <p>Action — Damages—Barred by Statute of Limitations. An injury occurred May 11, 1904. A petition in an action to recover damages was filed May 9, 1906, and a summons issued on that day was served May 11, answer day being June 8. June 7 the defendant filed a motion to set aside the service on the grounds that -no summons had been issued and served as required by law and that the pretended summons was void. July 7 this motion was confessed. Alias summons was issued October 1 but service was not had until October 10. Held, that the action was not begun until the date of the last-mentioned summons. Bank v. Clark, 69 Kan. 864, 77 Pac. 92, distinguished.</p>