Southwestern Mutual Benefit Ass'n v. Swenson
Supreme Court of Kansas
Error from Butler District Court. Action by Nancy Swenson against the Association, to recover on a benefit certificate. Judgment for plaintiff, at the March term, 1889. New trial denied. Defendant brings error. 1. The court had no jurisdiction over the plaintiff in error, and erred in overruling the motion to set aside the service of the summons.
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Error from Butler District Court. Action by Nancy Swenson against the Association, to recover on a benefit certificate. Judgment for plaintiff, at the March term, 1889. New trial denied. Defendant brings error. 1. The court had no jurisdiction over the plaintiff in error, and erred in overruling the motion to set aside the service of the summons. We think that § 68 of art. 6 of ch. 80 of the Compiled Laws is intended to apply only to such corporations as are regularly doing business in this state. It seems to have been the policy of our legislature to make special provisions for service on…
1Opinion of the Court
Opinion by
Stra.ng, C.:
Action on a benefit certificate issued by the defendant company to Charles Swenson, whereby the said company agreed to pay to Nancy Swenson, wife of the assured, 75 per cent, of one full assessment collected from all the members of the association. Summons was first issued and directed to the superintendent of insurance, and by him returned. A second summons was issued and served on V. Brown, a person who in the record is designated both as local collector and as local secretary. A motion was made to set aside the service, upon the grounds, first, that the service upon…
2Cases cited1 opinion
- Kansas Protective Union v. WhittSupreme Court of Kansas · 1887
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