Burdick v. Carbondale Investment Co.

Citations

• 71 Kan. 121
• 80 P. 40
• 1905 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Petition—First Cause of Action Construed. A petition which in one paragraph alleges as grounds for damages the premature bringing of a former action by the defendant against the plaintiff, and that such action has been determined by the court as prematurely brought and judgment therein rendered against the plaintiff in such action for costs, and, although the time for so doing has expired, has never been appealed from or reversed, while not stating all the facts necessary to constitute a cause of action, is an evident attempt to do so. Upon the consideration of a motion to require plaintiff separately to state and number his causes of action, such paragraph should be regarded as one cause of action.</p> <p>2. - Second Cause of Action Construed. In another paragraph of such petition it is alleged that the defendant instituted a suit to enjoin the plaintiff from doing certain acts, and that said injunction suit was heard by the court and dismissed and judgment was rendered in such suit against the plaintiff for costs. This paragraph states another cause of action for damages, in which the bondsmen of the plaintiff in the injunction suit might have been joined as defendants.</p> <p>3. - Third Cause of Action Construed. A third paragraph of the petition alleges the refusal of the defendant to do certain things which, it is alleged, the defendant in a written contract agreed for a consideration to do, and that such refusal was to the injury of the plaintiff. This paragraph states a third cause of action.</p> <p>4. - Motion Properly Sustained. The court sustained a motion to require these three causes of action to be separately stated and numbered, and upon the refusal of the plaintiff to comply with this order dismissed the action. Held, not error.</p>