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HARTFORD ACCIDENT & INDEMNITY CO. v. RICHARDS

No. 39,862

179 Kan. 187 (1956)

294 P.2d 236

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee, v. P.A. RICHARDS, Appellant.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

Ford Harbaugh, of Wellington, and Jerome Jones, of Wichita, argued the cause, and A.W. Hershberger, J.B. Patterson, Richard Jones, Wm. P. Thompson and H.E. Jones, all of Wichita, were with them on the briefs for the appellant.

James R. Barr, of Wichita, argued the cause, and Clifford H. Pugh, of Wichita, and C.A. Nanfito, of Omaha, Nebraska, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The basic question in this case is whether confinement of a defendant in the state penitentiary for a term less than life tolls a statute of limitation in favor of a plaintiff during the period of such confinement. Stated another way, the question is — may a defendant be sued while so confined?

For reasons which will hereinafter appear, we hold that such confinement of a defendant does not...

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