Shaffer v. Harbaugh

The opinion of the court was delivered by

Johnston, C. J.:

In a transitory action, is personal service of a summons upon a nonresident of the state while within the jurisdiction of the court invalid because the petition was filed and the summons, issued before the defendant came into the state? is the question involvéd in this appeal.

The petition was filed and summons issued on July 27, 1918, in Sedgwick county. In the petition it was stated that the suit was brought by plaintiffs against G. A. Harbaugh and several other defendants for the recovery of $135,124.10. Six days later, and while…