City of Eureka v. Ross

Citations

• 64 Kan. 372
• 67 P. 849
• 1902 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Demurrer—• Time of Trial. Section 315 of tbe code (Gen. Stat. 1901, §4763) provides when actions are triable. Under its provisions, when a demurrer to a petition is overruled but is not adjudged frivolous, and leave to answer is given, the case is not triable upon issues of fact joined at the term of court such ruling is made; and it is error to compel a trial of the case over the objection of a party to the action, made upon the ground that the action is not triable upon issues of fact at such term.</p>