Fletcher v. Securities Acceptance Corp.

The opinion of the court was delivered by

Parker, J.:

This is an action to recover money paid on an alleged invalid mortgage. The appeal is from an order dismissing the action without prejudice because of the plaintiff’s failure to make the petition more definite and certain in compliance with the trial court’s order.

Provisions of the petition essential to a disposition of the single appellate issue involved read as follows:

“1. That plaintiff is a resident of Topeka, Shawnee County, Kansas; that the defendant is a foreign corporation duly admitted for business in the State of Kansas, and at all…