Wingrove v. Williams
Court of Appeals of Kansas
Error from Clay District Court. Hon. R. B. Spilman, Judge. This action was begun to recover damages arising from trespassing live stock in Clay County, Kansas. The defendant was in default for answer. The court permitted him to file one instan ter. Upon the trial a demurrer to the evidence was sustained and judgment for costs rendered.
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Error from Clay District Court. Hon. R. B. Spilman, Judge. This action was begun to recover damages arising from trespassing live stock in Clay County, Kansas. The defendant was in default for answer. The court permitted him to file one instan ter. Upon the trial a demurrer to the evidence was sustained and judgment for costs rendered. Plaintiff brings the case here upon three points of error : First, that it was error to permit the answer to be filed ; second, the rejection of the testimony of the husband of the plaintiff in error ; third, that the demurrer to the evidence was wrongly…
1Opinion of the CourtMcElroy, J.
I. The right of the trial court to grant leave to file pleadings out of time is found in section 106 of the Code of Civil Procedure. This section of the Code leaves the matter of allowing pleadings to be filed out of time wholly in the discretion of the trial court. Did the trial court abuse its discretion in permitting the answer to be filed? The record is wholly silent as to what showing was made by the defendant. It does not appear that the court abused its discretion, in this regard. Tefft v. Firey, 22 Kan. 753; Davis v. Wilson, 11 id. 74; Brown v. Holmes, 19 id. 567.
II. The husband was…
2Cases cited2 opinions
- Paulsen v. HallSupreme Court of Kansas · 1888
- Tefft v. FierySupreme Court of Kansas · 1879
3Cited by1 opinion
- Pollock v. RalstonWashington Supreme Court · 1940