Steinbach v. Murphy

Citations

• 70 Kan. 487
• 78 P. 823
• 1904 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Revivor of Action — Statute Construed. The statute fixing one year as the time within which an action may be revived against the representatives or successor of a deceased defendant (Gen. Stat. 1901, §4888) is not a mere limitation upon a remedy, but it conditions the very right to revive; and a party seeking to avail himself of its benefits must strictly comply with its terms.</p> <p>2. -Limitation — Inexcusable Delay. The fact that a district court, eight months after the time when an order reviving an action against the representatives or successor of a deceased defendant first could have been made, erroneously decided that it had no jurisdiction of the cause will not excuse a failure to revive within one year, when no attempt was made to procure an order of revivor before the jurisdiction question was determined.</p>