LaSalle Street Trust & Savings Bank v. Hackney

Citations

• 111 Kan. 646
• 208 P. 578
• 1922 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading and Practice — Action Brought in Name oj Defunct Corporation— Receiver of Assets Substituted as Plaintiff — Petition Amended — Appearance by Defendant — Jurisdiction Acquired. A petition was filed on which summons was issued and. served, a corporation being named as plaintiff, although in fact it had been dissolved some time before, its assets having passed into the hands of a receiver. On application of the receiver he was substituted as plaintiff and allowed to amend the petition accordingly. Thereafter the defendant filed a motion raising nonjurisdictional matters. It is held that no error was committed in allowing such amendment and that at least from the time of the defendant’s entering a general appearance by the filing of such motion an action was pending against him.</p> <p>2. Trial — Case. Submitted — Submission Set 'Aside — Judicial Discretion. It is held to have been within the discretion of the court, before the decision of a cause submitted and taken under advisement, to set aside such submission and hold the matter for further hearing.</p>