Tootle v. Wells
Supreme Court of Kansas
Error from Neosho District Court. This was an action brought by Tootle, Hosea & Co., before a justice of the peace of Neosho county, against John Wells, to recover $129.20, alleged to be due as interest on an account.
Read the full summary
Error from Neosho District Court. This was an action brought by Tootle, Hosea & Co., before a justice of the peace of Neosho county, against John Wells, to recover $129.20, alleged to be due as interest on an account. The plaintiffs’ amended bill of particulars, omitting title and signature, reads as follows: “1. Plaintiffs say that they are now, and have been for more than three years last past, partners, doing business under the firm-name of Tootle, Hosea & Co. “2. That defendant, John Wells, at various times between the 1st day of July, 1883, and the 1st day of April, 1884, bought various…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant demurred to the plaintiffs’ bill of particulars upon the following grounds:
“1. That the causes of action therein stated are improperly joined, and not numbered as required by law.
“ 2. That the said bill of particulars or petition herein filed does not state facts sufficient to constitute a cause of action.”
This demurrer was sustained by the court below, and the plaintiffs’ action dismissed.
We think the plaintiffs’ bill of particulars set forth only one cause of action, and therefore that the first ground of the defendant’s…
2Cases cited2 opinions
- Waffle v. ShortSupreme Court of Kansas · 1881
- Wyandotte & Kansas City Gas Co. v. SchlieferSupreme Court of Kansas · 1879
3Cited by3 opinions
- First National Bank v. SchrubenSupreme Court of Kansas · 1928
- Bolen Coal Co. v. Whittaker Brick Co.Supreme Court of Kansas · 1894
- Fiscus v. Kansas City Public Service Co.Supreme Court of Kansas · 1941