Cavenaugh v. Fuller
Supreme Court of Kansas
Error from Bourbon 'District Court. This case involves only questions of practice. The pleadings and proceedings are sufficiently stated in the opinion. The case was tried at the July Term 1871. Judgment was given in favor of Fuller, and Cavenaugh brings the case here on error. 1. It was error to call the case out of its order upon the docket. Laws of 1871, ch. 116, § 4, p. 278. 2. The amended petition described the same note described in the original petition.
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Error from Bourbon 'District Court. This case involves only questions of practice. The pleadings and proceedings are sufficiently stated in the opinion. The case was tried at the July Term 1871. Judgment was given in favor of Fuller, and Cavenaugh brings the case here on error. 1. It was error to call the case out of its order upon the docket. Laws of 1871, ch. 116, § 4, p. 278. 2. The amended petition described the same note described in the original petition. The answer to the original petition was an answer to the amended petition, (5 Kas., 305,) and there was no default. 3. The answer…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The defendant in error brought a suit upon a note and mortgage—in one count setting up the note and mortgage, and in a second count a claim for an attorney’s fee for foreclosing the mortgage. On the 5th of March 1871 an answer ivas filed to the count on the note, averring payment thereof in full, and a demurrer was filed to the second count. The court sustained the demurrer. The plaintiff then obtained leave to file amended petition, which was literally a copy of the count in the original petition to which an answer was filed with the…
2Cases cited3 opinions
- Stevens v. ThompsonSupreme Court of Kansas · 1870
- Clemenson v. ChandlerSupreme Court of Kansas · 1868
- Cohen v. HamillSupreme Court of Kansas · 1871
3Cited by6 opinions
- Maas v. DunmyerSupreme Court of Oklahoma · 1908
- Cunningham v. City of IolaSupreme Court of Kansas · 1911
- Kuhuke v. WrightSupreme Court of Kansas · 1879
- State Journal Co. v. Commonwealth Co.Supreme Court of Kansas · 1890
- Seawell v. CrawfordU.S. Circuit Court for the District of Southern Ohio · 1893
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