Stevens v. Thompson
Supreme Court of Kansas
Hrror from Leavenworth County. The record in this case, somewhat voluminous, rais'es several points not determined by the court. All the facts necessary for an understanding of the points that the court found necessary to determine in the disposal of the case are stated in the opinion of' the court, following. 1. Adding the name of a party as plaintiff is not such an amendment as requires' the filing of a new answer. 6 Pr.
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Hrror from Leavenworth County. The record in this case, somewhat voluminous, rais'es several points not determined by the court. All the facts necessary for an understanding of the points that the court found necessary to determine in the disposal of the case are stated in the opinion of' the court, following. 1. Adding the name of a party as plaintiff is not such an amendment as requires' the filing of a new answer. 6 Pr. B., 321; 1 Handy, 236; 6 Paige, 46; 9 Ind., 273 [Hubler v. Pullen.]. 2. The title of a cause shall not be changed in any of its stages. § 117, Civil Code, 652. 3. The code…
1Opinion of the Court
By the Court,
Kingman, O. J.
On the 18th of November, 1867, H. M. Thompson & Co. filed their petition, to recover the price of goods alleged to have been sold, in the district court of Leavenworth county against the firm of Schley & Bro., the members of which company were alleged to be William *308F. Schley, Henry Schley and Thomas C. Stevens. The members of the firm of H. M. Thompson & Co. were stated to be Henry M. Thompson, and Luther McConnell. To this petition Stevens, the plaintiff in error, answered by setting up a general denial, and Schley & Bro. answered for themselves by a similar…
2Cases cited1 opinion
- Marley v. SmithSupreme Court of Kansas · 1867
3Cited by17 opinions
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- City of Atchison v. TwineSupreme Court of Kansas · 1872
- Clark v. SpencerSupreme Court of Kansas · 1875
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Hanlin v. BaxterSupreme Court of Kansas · 1878
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