Grolier Society v. Foster

Citations

• 110 Kan. 306
• 203 P. 920
• 1922 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Plaintiff’s Legal Capacity to Sue — Must Be Disclosed on Face of Petition. Where a plaintiff is not obviously a natural person whose right to sue is presumed, the petition should disclose whether the action is sought to be maintained by an individual, or corporation, or if by a partnership its membership should be disclosed; and where the plaintiff’s want of legal • capacity to sue is disclosed on the face of the petition or fairly to be inferred therefrom the petition is defective, and if defendant’s motion aimed at such defects is overruled, a demurrer to such petition, setting out plaintiff’s want of legal capacity to sue, should be sustained.</p> <p>2. Same — Legal Capacity to Sue Not Disclosed by Petition. If a petition discloses that the plaintiff is not a resident of the county, and does not disclose the plaintiff’s place of residence, or if the plaintiff is a corporation and the petition does not so recite, and does not give its principal place of business and correct post-office address, such petition is subject to defendant’s motion, timely made, that the petition be amended to supply such defects; and if such motion is overruled, such defects may properly be considered with other objections when the sufficiency of the petition is searched by a demurrer.</p>