Blair v. McQuary

OPINION MODIFYING SYLLABUS AND DENYING ■ ' , A REHEARING.

The petition for a rehearing has been carefully considered. Our view as to the merits of the set-off pleaded by Junkins & Son is not shaken thereby and it needs no further discussion.

It is now suggested for the first time that the answer of Junkins & Son was not verified under section 110 of the civil code. To this there are two answers, either of which is sufficient. The action originated in the court of a justice of the peace where no written pleadings of any sort were necessary. (German v. Ritchie, 9 Kan. 106; Wagstaff v. Challiss,…