Harris v. United States Mexico Oil Co.

Citations

• 110 Kan. 532
• 204 P. 754
• 1922 Kan. LEXIS 90

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — A “Massachusetts Trust” Is a Corporation. A “Massachusetts trust” is a corporation within the meaning of that word as defined in section 6 of article 12 of the Kansas constitution as including “all associations and joint-stock companies having powers and privileges not possessed by individuals or partnerships,” and as used in statutes the subject matter of which makes the definition pertinent and within the reason of the legislation. The decision to that effect in Lumber Co. v. State Charter Board, 107 Kan. 153, 190 Pac. 601, 10 A, L. R. 879, is adhered to.</p> <p>2. Same — Service on a “Massachusetts Trust” by Publication. In a proper case service by publication may be had upon a “Massachusetts trust” which is not a resident of this state, as a foreign corporation.</p> <p>3. Same — Defect in Publication Service — Cured by Voluntary Appearance. Any defect in the service by publication in this case is held to have been cured by the insertion in a motion to set aside the judgment against the defendant, on account thereof, allegations denying the merits of the plaintiff’s claim upon the facts.</p>