Parker v. Dobson

Citations

• 78 Kan. 62
• 96 P. 472
• 1908 Kan. LEXIS 9

Syllabus

<p>SYLLABUS-BY THE COURT.</p> <p>1. Limitation op Actions — Commencement—Failure Otherwise than on the Merits. The holder of a promissory note brought an action upon it in Franklin county, where one of the makers resided and was duly served. A summons was also sent to Shawnee county and duly served upon another maker, who resided there. The plaintiff believed in good faith that he had a valid cause of action against the local defendant, who was not joined for the mere purpose of obtaining jurisdiction over the other defendant. Pending further proceedings the attorney for the defendants convinced the plaintiff that action against the one residing- in Franklin county was barred by the statute of limitations, and the action was subsequently-dismissed as to her by agreement. Then the Shawnee county defendant moved that the summons and service upon him be set aside, which was done, and the entire proceeding was dismissed. Held, that an action was commenced and that the plaintiff failed otherwise than upon the merits, within the meaning of section 23 of the civil code.</p> <p>2. Jurisdiction — Justice of the Peace — Amount in Controversy. If in an action before a justice of the peace upon a promissory note the amount claimed in the bill 'of particulars do Pot exceed $300, the justice', or the district court upon appeal, may adjudicate the controversy, although the interest accruing before final judgment increase the amount due to more than $300; but whatever the balance found due may be the judgment can not exceed $300.</p>