Hastie v. Burrage

Citations

• 69 Kan. 560
• 76 P. 268
• 1904 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court—Omission of Names of Court ■ and County in Caption of Petition is Not Fatal, and May be Cured by Amendment. A petition filed in the district court did not recite in its caption the names of the court and the county in which the action was brought, as required by section 87 of the code (Gen. Stat. 1901, §4521). A praecipe for summons, properly entitled, was filed,.and a summons in due form, notifying the defendants where the action was pending, was issued and served. Held, that the court had jurisdiction of the subject-matter and obtained jurisdiction of the parties by the service of the summons, and that no error was committed by permitting the petition to be amended by inserting in its caption the names of the court and the county where the action was pending.</p> <p>2. Evidence—Books of Account of Agent Admissible to Prove a Payment. An entry made upon the account-books of an agent of a payment made to him for his principal is competent evidence of the fact and nature of such payment as against the payor, when it has been shown that such entry was made at the time of the occurrence of the events and was correct.</p> <p>3. Limitation oe Action —The Payment, Not the Indorsement of it, Tolls the Statute. It is the payment of a portion of a debt, and not the actual indorsement of such payment upon the instrument evidencing such debt, which tolls the statute of limitations.</p>