Hawkins v. Brown

Citations

• 78 Kan. 284
• 97 P. 479
• 1908 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — Review of Order Overruling a Demurrer. An order pverruling a demurrer made and entered more than one year before the filing of the record in the' supreme court can not be reviewed.</p> <p>2. - Subject-matter in Custodia Legis — Suspension of the-Statute. . The fact that the subject of an action is held in. custodia legis in another action in which the defendant is not. a party nor in privity with a party, and over which he has no-control, will not suspend the running of the statute in his favor.</p> <p>3. -- Acknowledgment of a debt. An acknowledgment in writing that a debt once existed, but which does not contain an admission of a present, subsisting debt on which the party is liable, is insufficient to avoid the bar of the statute of limitations.</p> <p>4. Jurisdiction — Joinder of Parties — Process Served in Another County. A defendant who is served with summons in a county other than the one in which the action is brought will not be held bound by such service if the resident defendant was joined for the purpose of obtaining jurisdiction of the person of the former and not in good faith to recover a judgment against him.</p> <p>5. - Same. The rule above stated will not be applied against an innocent party who, in good faith and in the honest belief that his cause is just and that he has a right to recover against the resident defendant, is defeated by him upon the plea of the statute of limitations, after a full trial.</p>