Cox v. Pabst Brewing Co.

The opinion of the court was delivered by

Dawson, C. J.:

The single question in this appeal is whether the filing of a praecipe for a copy of plaintiff’s petition has the effect of a general appearance in an action in which no service of summons had been or was likely to be effected.

On November 20, 1939, plaintiff filed in the district court of Sedgwick county against the Pabst Brewing Company and the Pabst Sales Company, foreign corporations, an action for the reformation of certain contracts and for judgment in the sum of $45,685. Summons delivered to the sheriff was returned on November 29,…