Colorado Debenture Corp. v. Lombard Investment Co.

The opinion of the court was delivered by

Mason, J. :

On July 27, 1900, the Colorado Debenture Corporation filed a petition in the district court of Sedgwick county against the Lombard Investment Company, a Kansas corporation. A summons was issued and returned, the return showing service by the delivery of a copy to J. H. Stewart, the assistant secretary of the defendant company. The defendant appeared specially and moved to set aside the service. The motion was heard on an agreed statement of facts and certain written evidence.

The agreed statement showed that the defendant was a Kansas…