Allison v. Griffin

Citations

• 110 Kan. 443
• 204 P. 685
• 1922 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Garnishment — Interpleader Claiming Property Garnished — Amended Inter-plea Improperly Stricken Out. Money garnished in an action before a justice of the peace was claimed by an intervenor, who pleaded that he was its absolute owner. Judgment having been rendered against him he appealed, and upon the trial in the district court introduced evidence tending to show that the money in dispute was one-third of the proceeds of the sale of hay and live stock from a farm leased by him to the defendant under an agreement which he styled a partnership, providing that he was ordinarily to receive two-thirds of such proceeds, but that in this instance he was entitled to the whole amount because his partner had failed to perform an agreement to contribute a like amount to the common fund. He was then given leave to file an amended interplea and did so, the new pleading being in accordance with such evidence. It is held that in these circumstances it was error to strike out the amended interplea on the ground of its being inconsistent with the original.</p>