Grand Lodge of Independent Order of Odd Fellows v. Troutman
Supreme Court of Kansas
Error from Osage district court; Robert C. Heizer, .judge. .STATEMENT. The preliminary facts leading up to the bringing of this action are stated in the opinion in Troutman v. DeBoissiere, 66 Kan. 1. In that case, in accordance with the mandate of this court,- the district cou'rt of Franklin county, in March, 1903, entered final judgment awarding the title and right of possession to the large tract of land theretofore known as the Odd Fellows’ Orphan Children’s Home to the…
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Error from Osage district court; Robert C. Heizer, .judge. .STATEMENT. The preliminary facts leading up to the bringing of this action are stated in the opinion in Troutman v. DeBoissiere, 66 Kan. 1. In that case, in accordance with the mandate of this court,- the district cou'rt of Franklin county, in March, 1903, entered final judgment awarding the title and right of possession to the large tract of land theretofore known as the Odd Fellows’ Orphan Children’s Home to the defendants in error herein, Troutman and Stone. The plaintiff in ■error commenced this action February 11, 1904, in the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The plaintiff makes eight assignments of error, all but two of which relate to the refusal of the-court to strike out portions of the answer. As the case •was decided by sustaining a motion of the defendants for judgment in their favor upon the pleadings the judgment can not be affirmed unless it is the correct legal conclusion upon the undisputed facts. The facts, as pleaded by the plaintiff are accepted to be true and the facts as pleaded by the defendants will be accepted only so far as they are admitted by plaintiff in its reply. Of…
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- Jorgenson v. LarsonSupreme Court of Minnesota · 1901
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