Garrity v. State Board of Administration of Educational Institutions

Citations

• 99 Kan. 695
• 162 P. 1167

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Damages — Valuable Fossil Wrongfully Taken — Petition Construed — Tort Waived. In an action to recover damages for the alleged wrongful taking of a valuable fossil from plaintiff’s land and converting the same to the use of another, the petition is construed as showing an intention to waive the tort and rely upon an implied promise to pay the value of the property converted.</p> <p>2. Same — Statute of Limitations. The filing of a petition against A reciting facts which would authorize an action to be maintained against B will not toll the statute as to B, if he is not made a defendant until after the statute has run.</p> <p>3. Same — Board of Administration — Not Liable for Acts of Board of Regents of State University. The board of regents of the state university ceased to exist upon the adoption of chapter 287 of the Laws of 1913, by which the legislature established the state board of administration, an agency of the state to manage and control certain of the educational institutions. The act gave the board of administration no corporate powers, and in the absence of express authority no action can be maintained against either the board or its members to recover for a wrongful act alleged to have been committed by the board of regents in 1911.</p>