Williams v. J. F. Ball Bros. Lumber

Citations

• 105 Kan. 284
• 182 P. 552
• 1919 Kan. LEXIS 70

Syllabus

<p>SYLLABUS by the court.</p> <p>1. Jurisdiction — Foreign Corporation — Motion to Quash Service — Trial by Jury — Statute Construed. The provisions of section 279 of the code of civil procedure (Gen. Stat. 1915, §7179), providing for the trial by a jury of “issues of fact arising in actions for the recovery of money,” etc., refer solely to issues of fact involving the merits of the action, and not to issues of fact upon which the jurisdiction of the court depends.</p> <p>2. Same. On a motion to quash the service of a summons against a foreign corporation, on the ground that it has made no application to do business in this state, has filed no written consent authorizing service of process upon it through the secretary of state, and is not and has not been doing business in Kansas within the meaning of sections 2139 and 2141 of the General Statutes of 1915, the plaintiff is not entitled to a jury trial on the questions of fact involved in the motion.</p>