Kinsch v. Missouri-Kansas-Texas Railroad Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court sustaining appellee’s motion to quash the service of summons.

Summons was issued out of the district court of Labette county, sitting at Parsons, in a damage action for personal injuries. The pertinent part of the return of the sheriff of that county is as follows:

“Received this Summons on the 25 day of Jan 1956 at 1 o’clock P. M. and served same on 27th day of Jan 1956 by delivering a true copy thereof, with the endorsements .thereon duly certified, to within named defendant . . . as follows…