McCarthy v. A. H. Holden & Co.
Supreme Court of Kansas
Error from Pawnee District Cov/rt. On May 3, 1886, A. H. Holden & Co. obtained a judgment for $245, “on an open account for goods sold and delivered,” against S. D. Fitzgerald, before a justice of the peace in Pawnee county. On May 14, 1886, Fitzgerald executed and filed with the justice a bond signed by himself, J. P. Worrell and T. McCarthy attempting to appeal the case thereby. This was approved by the justice on the same day.
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Error from Pawnee District Cov/rt. On May 3, 1886, A. H. Holden & Co. obtained a judgment for $245, “on an open account for goods sold and delivered,” against S. D. Fitzgerald, before a justice of the peace in Pawnee county. On May 14, 1886, Fitzgerald executed and filed with the justice a bond signed by himself, J. P. Worrell and T. McCarthy attempting to appeal the case thereby. This was approved by the justice on the same day. On February 21, 1887, judgment by default was entered in the district court of Pawnee county, on the alleged appeal, for $259.85, against Fitzgerald. Then Fitzgerald…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The ground of the demurrer of plaintiffs below was, that the answer did not state facts sufficient to constitute any defense.
“Such a demurrer must always be carried back to all the prior pleadings, and be sustained as to the first pleading that is subject to a defect such as is complained of by the demur*315rer. (Anthony v. Halderman, 7 Kas. 61; Hunt v. Bridge Co., 11 id. 433.) If the petition should not state facts sufficient to constitute a cause of action, the demurrer should be sustained as against it, and not as against the answer.” [The…
2Cases cited5 opinions
- State ex rel. Attorney General v. Board of CommissionersSupreme Court of Kansas · 1874
- Anthony v. HaldermanSupreme Court of Kansas · 1871
- Struber v. RohlfsSupreme Court of Kansas · 1887
- Dowell v. CaruthersSupreme Court of Kansas · 1882
- Bubb v. CainSupreme Court of Kansas · 1887
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