Maynard v. Planters State Bank

Citations

• 105 Kan. 259
• 182 P. 542
• 1919 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Motion■ to Dismiss Denied — No Final Judgment — No Appeal. Prior to a final judgment, an appeal will not lie from an order overruling a motion to dismiss on the ground that the plaintiff has improperly named a resident of the county as a defendant solely to give jurisdiction to serve the real defendant with a summons in another county.</p> <p>2. Same. If the court had jurisdiction of the appeal, an affirmance would probably result on the ground that the issues of fact presented by the motion were those on which the merits of the case depended, and which were not triable in a summary way.</p> <p>3. Same — Corporation—Service of Summons — Waiver. After such a motion has been presented it seems too late to' raise an objection going merely to the manner of service.</p>