Bartholomew v. Guthrie

Citations

• 71 Kan. 705
• 81 P. 491
• 1905 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Demurrer—When Error Will Lie. Under section 542 of the code of civil procedure (Gen. Stat. 1901, sec. 5019), error will lie to the supreme court from a decision of the district court which sustains or overrules a demurrer, even when the party against whom the ruling is made stands upon his exception thereto and no judgment on the issues is rendered against him.</p> <p>2. - General Demurrer Searches the Record. A general ■demurrer to separate defenses of an answer searches the record, and if the petition does not state facts sufficient to constitute a cause of action the demurrer should be sustained to it.</p> <p>3. Implied Trust — Suit to Enforce — Pleadings. Petition in this case examined and held sufficient; also second and fourth defenses of answer held sufficient as against demurrer.</p>