Vann v. Missouri, Kansas & Texas Railway Co.

Citations

• 110 Kan. 799
• 205 P. 607
• 1922 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — Summons Issued — -Not Served on Defendant — Action Barred by Statute of Limitations. The filing of a petition and the issuance of a summons which was not served upon the defendant, cannot be regarded as the commencement of an action within the meaning of the statute of limitations, and where a judgment was given for plaintiff in such a proceeding on the service made which was reversed on appeal and a dismissal ordered on the ground that the service made was void, a new action brought by plaintiff within one year after the reversal is not within the saving provision of section 22 of the civil code.</p> <p>2. Same. The filing of a petition and the issuance of a summons which was served upon another than the defendant or upon one not authorized to receive service, does not interrupt the running of the statute of limitations.</p>