Gillmore v. Gillmore

Citations

• 91 Kan. 293
• 137 P. 958
• 1914 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Service of Process — On Nonresident — Exemption. A nonresident of the state, while here only for the purpose of attending court as a witness, and while actually in such attendance, is exempt from the service of summons in a civil action.</p> <p>2. Damages — -For Inducing Morphine Habit — Not an Action for Fraud. An action for damages because of the defendant having induced the plaintiff to become a user of morphine, in ignorance of its nature, is not one for relief on the ground of fraud within the meaning of that phrase as used in the statute' of limitations.</p> <p>3. Same — For Inducing Morphine Habit — Limitation of Actions. The running of the statute of limitations, upon an action for damages because- of the defendant having induced the plaintiff to become a user of morphine, is not wholly suspended by the fact that the plaintiff, knowing the manner in which the habit was induced, and having acquired knowledge of the effects of the drug, has been so affected mentally as not to be capable of protecting his own interests; such an action can be brought only within one year from the time mental capacity is restored.</p>