Reiff v. Tressler

Citations

• 86 Kan. 273
• 120 P. 360
• 1912 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Process — Summons on Witness — Nonresident of County — Venue. One who is in good faith attending court as a witness in a county other than that of his residence is exempt from service of summons in an action brought in that county, but if he is not a party to the litigation and is not attending as a bona fide witness he maybe legally served with summons; and, in this case, where- there is conflicting testimony as to whether he is attending court as a witness in good faith, the finding of the trial court that he did not attend in that capacity is binding on him.</p> <p>2. Tort — Joint Liability — Summons—Venue. Where an action' is brought against several defendants alleging that they are jointly liable for .causing the illegal arrest and imprisonment of the plaintiff and summons is served on one defendant in the county where the action is brought, a summons may be issued under section 61 of the civil code to any other county against codefendants residing there.</p>