(Download) "Butler County Comm'Rs v. Black" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Butler County Comm'Rs v. Black
- Author : Supreme Court of Kansas
- Release Date : January 06, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by Appellant filed its petition in the district court of Butler county on March 31, 1949, and on the same day caused summonses to be issued to defendant Black, Sivalls & Bryson, Inc., of Oklahoma City, Okla., and delivered to the secretary of state to serve; to defendants American Automobile Insurance Company and American Automobile Fire Insurance Company, both of St. Louis, Mo., and delivered to the state commissioner of insurance to serve; and to defendant Lloyd G. Mouser, of McPherson, and delivered to the sheriff of McPherson county to serve. Returns were duly made by the commissioner of insurance on April 1 and by the secretary of state on April 2 showing service of the summonses by forwarding certified copies thereof to the two insurance companies and to the Black company. Return was made on April 1 by the deputy sheriff of McPherson county showing service on defendant Mouser by leaving at his usual place of residence. All defendants appeared specially and filed motions to quash the service. Black, Sivalls & Bryson, Inc., based its motion to quash on the grounds that the purported and pretended summons issued for them (1) was not directed to the secretary of state, and (2) did not require them to answer by a certain day not less than forty days nor more than sixty days from its date. The motions to quash filed by the two insurance companies were based on the grounds that the purported and pretended summonses issued for each of them were not directed to the state commissioner of insurance, and did not require each of them to answer by a certain day not less than forty days from the dates thereof. Defendant Mouser's motion to quash was based on the ground that he was not a resident of Butler county, Kansas, and none of his co-defendants had been summoned in that county, and that his service of summons was made in McPherson county. Defendant Mouser's motion was filed May 2, and the other defendants' motions were filed May 12. On July 8, appellant filed a motion to amend the summonses. Hearing was had on the motions on July 8, appellees appearing specially for the purposes of the motions to quash only. The court after hearing the arguments, sustained the motions to quash, and thereafter overruled appellant's motion to amend. This appeal is from those rulings.