Stith v. Fullinwider
Supreme Court of Kansas
Error from Butler District Court. ActioN brought by the plaintiff in error, to recover damages which he alleged he had sustained from the uttering and publishing of a letter concerning him by the defendant. Plaintiff’s petition was filed November 11,1885, and defendant filed his answer on the 8th day of December following, and plaintiff filed a reply thereto.
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Error from Butler District Court. ActioN brought by the plaintiff in error, to recover damages which he alleged he had sustained from the uttering and publishing of a letter concerning him by the defendant. Plaintiff’s petition was filed November 11,1885, and defendant filed his answer on the 8th day of December following, and plaintiff filed a reply thereto. On the 14th day of January, defendant obtained leave of court to amend his answer, and filed an amended answer, to which the plaintiff replied. Thereupon the plaintiff moved the court to require the defendant to make his supplemental…
1Opinion of the Court
Opinion by
Clogston, C.:
The errors complained of are: First, the refusal of the court to strike out the supplemental answers of the defendant; second,.the court threw the burden of the issues upon the defendant, and gave him the opening and closing; and third, objections to the instructions of the court to the jury.
*75As to tbe first of these complaints, we see no error in the court’s permitting the several answers and supplemental answers of the defendant to be filed. The last two supplemental answers filed by the defendant were occasioned by the motion of the plaintiff to require said answers…
2Cases cited2 opinions
- Ransone v. ChristianSupreme Court of Georgia · 1876
- Gaul v. FlemingIndiana Supreme Court · 1858
3Cited by8 opinions
- N. A. Kennedy Butter Tub Co. v. First & Hamilton National Bank of Fort WayneSupreme Court of Kansas · 1924
- Farmers' & Merchants' Bank v. Bank of Glen ElderSupreme Court of Kansas · 1891
- Sheibley v. FalesNebraska Supreme Court · 1908
- Dever v. ClarkSupreme Court of Kansas · 1890
- Flaharty v. ReedSupreme Court of Kansas · 1950
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