Marley v. Smith
Supreme Court of Kansas
Error from Bourbon County. In the opinion of the court may be found a statement of the facts in the case. submitted: 1. A general denial is not the general issue. Under the code there is no such thing as the general issue, as formerly -understood. Texier v. Gowin, 5 Duer, 391; McKyring v. BuU, 16 iZ Y., 297. 2. Payment must be specially pleaded, and cannot be proven, under a general denial.
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Error from Bourbon County. In the opinion of the court may be found a statement of the facts in the case. submitted: 1. A general denial is not the general issue. Under the code there is no such thing as the general issue, as formerly -understood. Texier v. Gowin, 5 Duer, 391; McKyring v. BuU, 16 iZ Y., 297. 2. Payment must be specially pleaded, and cannot be proven, under a general denial. Swan’ s PI. and Prec., 246 ; Field v. Mayor iZ Y. Oily, 2 Belden, 189; Texier v. Gowin, 5 Duer, 391; Brazil v. IsJiam, 2 Fernán, 9 ; McKyring v. BuU, 16 iZ Z, 297. 3. There was no error in refusing leave…
1Opinion of the Court
By the Court,
Kingman, C. J.
This was an appeal to the district court from the judgment of a justice of the peace.
The petition was filed on the 10th day of April, 1866, and no answer filed till the cause was called for trial at the October term, and then, by consent, an answer was filed, which was a general denial. Upon the trial, the plaintiff in error offered proof of payment of counter-claim and of set-off, which was rejected, and he then moved the court for leave to amend his answer so as to admit such proof, which motion was denied, and judgment rendered against the plaintiff in error.
He…
2Cited by11 opinions
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- Mayer Coal Co. v. StallsmithSupreme Court of Kansas · 1913
- Esbensen v. HoverColorado Court of Appeals · 1893
- L. L. & G. Rld. v. LeahySupreme Court of Kansas · 1873
- Schwartz v. MeschkeSupreme Court of Kansas · 1914
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