Board of Commissioners v. Hoaglin
Supreme Court of Kansas
Error from Jackson County. The facts of the case sufficiently appear in the opinion of the court. 1. The amended petition contained but two causes of action, and they were separately stated as required by section 95, civil code of ’59. Comp. L., 139. As to what is a cause of action, see Swan’s Pleadings and Practice, 32. 2. The word “proceedings” in subdivision 5, section 382, civil code ’59, [Comp.
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Error from Jackson County. The facts of the case sufficiently appear in the opinion of the court. 1. The amended petition contained but two causes of action, and they were separately stated as required by section 95, civil code of ’59. Comp. L., 139. As to what is a cause of action, see Swan’s Pleadings and Practice, 32. 2. The word “proceedings” in subdivision 5, section 382, civil code ’59, [Comp. L., 187] has no reference to the form of the pleadings, but applies solely to the mode of carrying on a suit by due course of law. “Pleadings” are defined, “the written statements by the parties…
1Opinion of the Court
By the Court,
Valentine, J.
On the tenth day of September, 1866, the plaintiff in error brought an action in the district court of Jackson county against the defendant in error, for the sum of 12,299.86.
On the 12th day of April, 1867, the plaintiff, with leave of the court, filed an amended petition.
The defendant then moved the court to compel the plaintiff to specifically set forth and number the differ*561ent causes of action set forth in the petition. The court sustained the motion on the 13th day of April, 1867, and gave the plaintiff leave to make such amendment in ninety days. To this ruling…
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