Sissell v. Hubbard

Citations

• 108 Kan. 52
• 194 P. 311
• 1920 Kan. LEXIS 549

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action Against Corporation — Corporation Dissolved After Issues Joined — Corporation Ceased to Exist — Right of Plaintiff to Proceed Against Successor in Interest. Where a corporation is dissolved after the issues in an action against it have been made up, and before trial, and a corporation which succeeded to its rights and liabilities conducts the defense from that point without disclosing to the court or the plaintiff the fact of such dissolution or the existence of a new corporation until after a verdict has been returned against the plaintiff and a judgment rendered thereon, the court has authority at the same term to set aside the proceedings subsequent to the time the original defendant ceased to exist and require the action to proceed from that point as one against the new corporation.</p>