Colorado Debenture Corp. v. Lombard Investment Co.

Citations

• 66 Kan. 251
• 71 P. 584
• 1903 Kan. LEXIS 36

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Service of Summons on Corporation. A recital in a sheriff’s return of summons that the president or other chief officer of a corporation is not found sufficiently shows inability to find the chief officer to authorize service on an inferior officer.</p> <p>2. - Service on “Assistant Secretary.” Where the by-laws of a Kansas corporation provide for an officer called an “ assistant secretary,” whose duties make him, in effect, secretary of the corporation for this state, service of summons on him is sufficient to bring the corporation into court. ■</p> <p>3. - Service on Officer who has Resigned. Where the bylaws of a corporation provide that an officer Shall hold office until his successor is elected and qualified,'service maybe had on an officer who has resigned, when the corporation has failed to elect a successor.</p>