Hembrow v. Winsor

Citations

• 94 Kan. 1
• 145 P. 837
• 1915 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction — Defendants—Nonresident of the State and Nonresident of County — Failure of Action Against Nonresident of State — No Jurisdiction Over Nonresident of County. An action was brought in one county against certain nonresidents of the state, and jurisdiction over their property obtained by attachment. A resident of another county was joined as a defendant, and he was served by summons issued to the sheriff of the county where he resided. He answered, challenging the jurisdiction of the court and alleging that the pretended cause of action against the nonresident defendants was not brought in good faith, but for the purpose of obtaining jurisdiction over him. On the trial a demurrer was sustained on the part of the nonresident defendants. Held, that as there was no evidence to sustain a cause of action against the nonresident defendants, and the action having failed as to them, the court had no jurisdiction over the defendant who resided in the other county, and that a motion to dismiss the action as to him was rightly sustained.</p>