Baxter v. Brown

Citations

• 83 Kan. 302
• 111 P. 430
• 1910 Kan. LEXIS 526

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Expenses of Litigation Caused by a 'Malicious Defense. In a civil action in which, the defendant answers by a general denial and verifies his answer, but asks no affirmative relief, and judgment is finally rendered against him in the action, he is not responsible in another actiori for damages for expenses incurred in obtaining proof to sustain the allegations of the petition, although the' defendant knew at the time he answered that the allegations were true, and that his verified denial would involve the plaintiff in considerable expense to establish the truth thereof.</p>