Grant v. Pendery
Supreme Court of Kansas
Error from Leavenworth District Court. The pleadings, proceedings, and facts, are sufficiently stated in the opinion, infra. Pendery recovered judgment at the November Term 1873, and Grant brings the case here. Under § 128 of the code, the new matter in the answer stood for true, until leave was given to reply, and we claim that could not lawfully be done after the jury was impanneled. The case should be considered as though no reply had been filed.
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Error from Leavenworth District Court. The pleadings, proceedings, and facts, are sufficiently stated in the opinion, infra. Pendery recovered judgment at the November Term 1873, and Grant brings the case here. Under § 128 of the code, the new matter in the answer stood for true, until leave was given to reply, and we claim that could not lawfully be done after the jury was impanneled. The case should be considered as though no reply had been filed. As the second, if not the third defense was sufficient, and Its Grant would have been entitled to judgment but for such improper filing of the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*240 statement of the case.
*239The petition in the court below alleged in substance that one W. A. Cooper owed the plaintiff below, *240John L. Pendery, on a promissory note, the sum of $1,140.40; that said Cooper sold and agreed to deliver to the defendant below, M. S. Grant, fifty fanning mills, for which Grant was to pay said plaintiff the sum of $750, of which $400 was to be Paid in • farming implements, and the other $350 in cash; that the plaintiff then gave to Cooper a credit of $750, on said note; that said mills were tendered and delivered…
Also in this document: Concurrence.
2Cases cited2 opinions
- Anthony v. HermanSupreme Court of Kansas · 1875
- Taylor v. HosickSupreme Court of Kansas · 1874
3Cited by16 opinions
- Rice v. HodgeSupreme Court of Kansas · 1881
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
- Wright v. BachellerSupreme Court of Kansas · 1876
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