Allen v. Datschewski

Citations

• 92 Kan. 933
• 142 P. 953

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Confusion of Theories in Pleadings —Objections Should be Raised by Motion or Demurrer. Where a petition states a cause of action for damages on account of deceit and fraud and the defendant answers and the trial is had - upon that theory, it' is too late for the defendant by objecting to the introduction of any evidence to claim that the petition was not drawn upon a definite theory or that there is a confusion of theories alleged. The objection should be raised by motion or demurrer.</p>