Edwards v. Puterbaugh

Citations

• 86 Kan. 758
• 121 P. 1116
• 1912 Kan. LEXIS 375

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Executor” or “Administrator” — When Words of Description Only. The general rule that where an action is brought against an executor or administrator to recover upon a claim for which he is or may be liable individually the use of the words “executor” or “administrator” in the pleadings will be regarded as words of description and rejected as • surplusage, can have no application to a case where it conclusively appears from other facts and circumstances that the action was brought against the person in his representative capacity alone.</p> <p>2. Nonresident Executor — Publication Service — Personal Judgment. Where an action is brought against a nonresident executor of a foreign estate to recover commissions claimed to be owing to the plaintiff for the sale of lands in Kansas belonging to such foreign estate, and the lands, in which the defendant has no interest other than as executor, are attached in the action and service obtained upon the foreign executor by publication, and he files an answer defending for the estate, the court acquires no jurisdiction to render a judgment against him individually, notwithstanding the allegations of the petition or the fact that he may have incurred a personal liability to the plaintiff on the claim sued upon.</p>