Beckman v. Ash

Citations

• 103 Kan. 437
• 173 P. 920
• 1918 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — On Foreign Judgment — Pleading Foreign Statute. The petition alleged that the judgment sued on was rendered by a justice in an action “wherein said justice of the peace had jurisdiction of‘the subject matter under the laws of the state of Missouri and jurisdiction of the defendant.” The answer averred that there was no statute authorizing such judgment to be rendered. The reply was a general denial. Held, that in the absence of a demurrer or motion to make the petition definite and certain it was proper to receive in evidence certain statutes of Missouri authorizing the judgment rendered.</p> <p>2. Same — Deposition—Not Hearsay Evidence. A request for a witness to state the fact as to a certain choice or election did not call for hearsay opinion or conclusions, or for evidence not the best, and the answer that the plaintiff’s attorney elected to take a money judgment instead of the goods levied on was not objectionable as hearsay.</p> <p>3. Trial — No Error in Instructions. Record examined and found to present no material error in respect to instructions.</p>