Vann v. Schaff

Citations

• 103 Kan. 857
• 176 P. 652
• 1918 Kan. LEXIS 404

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Service — On Railroad Company in Hands of Reoeiver. The rule applied that personal jurisdiction of a railway company is not obtained-by delivering- a copy of a summons to an agent of a receiver who is in possession of and operating the property of the corporation; Chilletti v. Railway Co., 102 Kan. 297, 171 Pac. 14, followed.</p> <p>2. Jurisdiction — Filing Answer — Trial—When No Waiver of Void Service. The rule applied that a defendant who, upon a properly restricted appearance, has objected to the service of summons upon him does not, by answering and going to trial after such objection has been overruled, lose his right to invoke the judgment of a reviewing court upon the correctness of the ruling.</p>