Meagher v. Morgan
Supreme Court of Kansas
Error from Leavenworth County. The pleading of the counter claim was as follows: “ Third. And for a further and third defense, the said ■defendant alleges that at the time of the commencement of this action the said plaintiff was indebted to this defendant in (a certain sum named) for the work and services of defendant before then done, and performed for said plaintiff at his request; also for the further sum of (giving it,) paid, laid out and expended by defendant for said…
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Error from Leavenworth County. The pleading of the counter claim was as follows: “ Third. And for a further and third defense, the said ■defendant alleges that at the time of the commencement of this action the said plaintiff was indebted to this defendant in (a certain sum named) for the work and services of defendant before then done, and performed for said plaintiff at his request; also for the further sum of (giving it,) paid, laid out and expended by defendant for said plaintiff at his request; also in the further sum of (giving •it) for so much money before that time had and received…
1Opinion of the Court
By the Cowrt,
Safford, J.
The principal question presented by the record in this case is whether or no the common counts for goods sold and delivered, work and labor done, money had and received, &c., when set out in a pleading under the Code, contain each in itself facts sufficient to constitute a c.ause of action or grounds of defense.
¥e are of the opinion that this manner of pleading is sufficient under the Code, as it was under the practice before the Code. To illustrate, take the plea objected to in this case. It alleges an indebtedness of the plaintiff to the defendant at the commencement…
2Cited by15 opinions
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- Brashear v. RabensteinSupreme Court of Kansas · 1905
- Engelbrecht v. HerringtonSupreme Court of Kansas · 1918
- Gano v. CunninghamSupreme Court of Kansas · 1912
- Board of County Commissioners v. SpearmanSupreme Court of Kansas · 1913
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