Carbondale Investment Co. v. Burdick

Citations

• 67 Kan. 329
• 72 P. 781
• 1903 Kan. LEXIS 255

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Lain and Equity — Rules Applicable. Notwithstanding that provision of'the civil code which abolishes all distinctions between actions at law and suits in equity and the common-law forms of actions and suits, still the rules of law which govern and control the manner of enfoi cing a cause of action must of necessity depend upon the nature of the cause of action sought to be enforced,'and, until the nature of the cause of action,'if any, arising out of a given state of facts pleaded is determined, the rules of law governing the case are impossible of ascertainment and application.</p> <p>2. Malicious Prosecution — Civil Action — Pleading and Proof. To support a judgment for the malicious prosecution of a civil action, it must be alleged and proved that such action was prosecuted without probable cause, with malice, its termination in favor of defendant, and damages to defendant over and above the taxable costs in the case.</p>