Jones v. American Central Insurance

Citations

• 83 Kan. 44
• 109 P. 1077
• 1910 Kan. LEXIS 468

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreign Corporations — Service of Process. The various methods provided by statute for obtaining service of process on foreign corporations are cumulative. (Betterment Co. v. Reeves, 73 Kan. 107, syllabus.)</p> <p>2. Practice, District Court — Denial of Frivolous Motion to Quash Summons — Time of Trial — Discretion. Upon the denial of a motion to quash a summons and to set aside the service, if it appears to the court that the motion is not made in good faith or is frivolous, it is, and was before the adoption of the new code, within the discretion of the court to continue the case for the term, or to assign it for hearing at the same term, reasonable time being given to make up the issues. Held, in this case, the discretion was not abused.</p> <p>3. - Time to Produce Evidence. In the absence of both a motion for a continuance and an affidavit conforming substantially to the requirements of the statute, a party can not predicate error upon a lack of time to produce his evidence.</p> <p>4. - Change of Venue — Disqualification of the Judge. A motion in this action for a change of venue, on the ground of the disqualification of the judge, was filed, and was supported by an affidavit that a certain bank had indirectly a large interest (shown by other evidence to be .at least $5000) in the subject matter of the action, and that the judge “is a director in said bank, actively engaged as such in its management, and acts as legal adviser for and advises the board of directors and officers of said bank concerning legal matters and interests of said bank, and for his services so rendered to said bank receives a stipulated annual salary, and that such relations have existed for a continuous period dating back to the time the subject matter of this suit first came into existence, and prior to the time the indebtedness of the said W. H. Jones to said bank was first made, and that the subject of said indebtedness, and the ability of said Jones