Lipscomb v. Citizens' Bank

Citations

• 66 Kan. 243
• 71 P. 583
• 1903 Kan. LEXIS 34

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Evidence Aliunde. Where a nonresident defendant has been regularly served by publication proof of such service may be made aliunde, when the judgment is called in question in a collateral proceeding.</p> <p>2. Embezzlement — Election of Remedies — Attachment. The owner of property which has been stolen or embezzled may waive the tort and sue on the implied contract, and in such action he may have an attachment against the non-resident defendant.</p>