Legal Opinion

Eisenhouer v. Stein

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 3 opinions

Error from Dickinson District Court. The opinion states the material facts. At the May Term, 1885, the court dismissed the action by Eisenhouer against Stein, and gave judgment for defendant. The plaintiff brings the case here.

1Opinion of the Court

Opinion by

Holt, C.:

The plaintiff filed in the district court his petition, the first item of which is: “ October 24, 1874, to balance due as per settlement, $73.03;” then follows a very long open itemized account, none of the items of such account being a part of the $73.03. The defendant filed his motion to compel the plaintiff to separately state and number his causes of action contained in the petition. The court sustained his motion; plaintiff refused to amend, and elected to stand upon his petition; the defendant then obtained twenty days from the rising of the court to answer the…

2Cited by3 opinions

  1. Thompson v. GatlinCourt of Appeals for the Eighth Circuit · 1893
  2. Lehfeldt Co. v. JusticeMontana Supreme Court · 1920
  3. Miskimmons v. MooreWyoming Supreme Court · 1901

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