H. Parker Grain Co. v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 70 Kan. 168
• 78 P. 406
• 1904 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Corporations — Presumption of Residence. A bill of particulars in an action against a railway company alleged that defendant was a corporation organized and existing by virtue of the laws of. the state of-1-. It was shown that the company had a general office in the city of Topeka. In view of section 1293, General Statutes of 1901, which requires every corporation created, or existing, under our laws to keep a general office in the state, it will be presumed, in the absence of proof to the contrary, that the railway company was a domestic corporation.</p> <p>2. Jurisdiction — Justice of the Peace. The proviso in section 5228, General Statutes of 1901, devests a justice of the peace of jurisdiction both of the subject-matter of an action and of the person in cases where any defendant resides in a city in which a city court has been created.</p> <p>31 -Domestic Corporation Resides in City in Which it Has a General Office. A domestic corporation having a general office in a city in which a-city court has been created must be treated, for the purpose of service, as a resident therein. A justice of the peace outside of said city has no jurisdiction of an action brought against such corporation.</p> <p>4. - Not Conferred on Distriet Court by Appeal. If jurisdiction over the subject-matter of an action be lacking in a justice of the peace, it will not be conferred on the district court by an appeal.</p>