Cain v. Perfect

Citations

• 89 Kan. 361
• 131 P. 573
• 1913 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Libel — Published in Another State — Action for Damages —Jurisdiction Obtained by Attachment. A civil action for the recovery of damages resulting from a libel published in another state may be brought against a nonresident of this state in any county in which the defendant has property sub- . ject to attachment. (Civ. Code, § 53, Gen. Stat. 1909, § 5646.)</p> <p>2. -Same. Under section 190 of the civil code (Gen. Stat. 1909, § 5783, as amended by Laws 1911, ch. 231) the plaintiff in a civil action for the recovery of money may have an attachment against the property of the defendant on the ground that the defendant is a nonresident of this state, although the cause of action arose ex delicto and in another state.</p> <p>3. Attachment — Requirements of Affidavit in Action for Un-liquidated■ Damages. It is not essential in order that the plaintiff may have ah attachment that the damages claimed should be capable of definite estimation so that the affidavit may state them with approximate certainty. It is sufficient if the action be one for the recovery of money and the affidavit state the nature of the claim, as for example, damages for libel, that the claim is just, and the amount the affiant believes the plaintiff ought to recover. (Civ. Code, §§ 190, 191, Gen. Stat. 1909, §§ 5783, 5784.)</p>