Ericson v. Charles

Citations

• 108 Kan. 205
• 194 P. 652
• 1921 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Physician and Surgeon — Malpractice—Action Arising on Tort— Limitation of Action. An action for malpractice, in which it is alleged in substance that the defendant, in disregard of his obligations as a surgeon, performed an operation upon the plaintiff in a negligent manner and not in accordance with the custom and practice followed by good reputable and ordinarily prudent surgeons, with a result that she suffered great pain and injury for which she asked damages, is one arising on tort and not on contract, and the statutory limitation of two years applies to such action.</p> <p>2. Summons — Return of Sheriff — When Not Open to- Contradiction. The return of a sheriff upon a summons issued by a justice of the peace or city court as to matters within the personal knowledge of the sheriff is not open to contradiction or to be disproved by extrinsic evidence after the rendition of judgment.</p>