Manley v. Mayer

Citations

• 68 Kan. 377
• 75 P. 550
• 1904 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Attachment against Non-resident Executor. (Section 203 of the executors’ and administators’ act (Gen. Stat. 1901, § 3009) authorizes the enforcement of the contract obligation of a non-resident, who died owning real estate in Kansas, by attachment and sale of such real estate in an action brought against the non-resident executor. This statute, as so construed, • is not in conflict with the provisions of the state or federal constitutions forbidding discrimination against, or abridgment of, the privileges and immunities of citizens of other states.</p> <p>2. - Corporations — Dissolution Aot of 1S8S Held Valid. The amendment of 1883 to section 40 of the corporation act (Gen. Stat. 1889, ¶ 1200), providing that,-for the purpose of enabling creditors to prosecute actions against stockholders, a corporation should be deemed dissolved whenever it had suspended business for more than one year, was not obnoxious to the provision of the state constitution requiring the subject of an act to be expressed in its title, or to that forbidding the amendment to a section unless the new section contain the entire section as amended.</p> <p>3. CorpoRations — Judgment by Confession of Vice-president Held Valid. A judgment by confession against a corporation, based upon its personal appearance by its vice-president and presiding member, and upon an affidavit made by him setting out his capacity and the facts regarding the indebtedness, will not be held void upon its face when interposed by its owner as a defense in an action brought to enforce his liability as a stockholder in the corporation.</p> <p>4. -Personal Relation of Vice-president to Plaintiff Immaterial. A judgment by confession against a corporation in favor of the executor of an estate is not rendered void for all purposes by the fact that it is based upon an appearance and affidavit made by an officer who as an individual is interested in the estate as a legatee.</p