Anderson v. Denison Clay Co.

Citations

• 104 Kan. 766
• 180 P. 797
• 1919 Kan. LEXIS 355

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Default—Leave to Plead — Judicial Discretion. A district court has jurisdiction- to hear a defendant’s motion to make the plaintiff’s petition more definite and certain, although the motion is filed by leave of court after the defendant is in default.</p> <p>2. Same- — Order to Amend Petition Proper. It was not error to require the plaintiff to make his petition more definite and certain.</p> <p>3. Same — Order of Court Not Complied With! — Case Dismissed. If a proper order to make a petition more definite and certain is not complied with, the action may be dismissed.</p>