Loyal Mystic Legion of America v. Brewer

Citations

• 75 Kan. 729
• 90 P. 247
• 1907 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Action against Foreign Fraternal Benefit Association — Venue—Service of Process. Chapter 23 of the Laws of 1898 (Gen. Stat. 1901, §§ 3568-3584) is an act providing for the incorporation and regulation of fraternal beneficiary associations. This act does not fix the venue of actions brought against foreign associations doing business in this state. Such actions may therefore be brought in any county in the state, and process properly served on the superintendent of insurance will give the court jurisdiction of the defendant.</p> <p>2. Petition — Omission Supplied by Answer. The omission of a material allegation in a petition may be supplied by the allegations of the answer.</p> <p>3. Evidence — Statutes of Another State Must be Pleaded and Proved. The courts of this state do not take judicial notice of the statutes of another state, and where such statutes become material in the trial of a cause in this state they must be pleaded and proved as other material facts.</p>