Dougan, Administratrix v. McGrew

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court in a wrongful death action (an in personam action) sustaining a motion to quash service of process upon a minor defendant who was personally served with summons in Kansas, but whose father and natural guardian resides in the state of Missouri.

The basic question presented is whether the provisions of G. S. 1949, 60-408, contemplate that a minor defendant may be served with summons in Kansas, and thereby confer jurisdiction upon the trial court, when his natural guardian, a nonresident,…