Cornelssen v. Harman

Citations

• 103 Kan. 624
• 176 P. 141
• 1918 Kan. LEXIS 339

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amended Petition Filed ■ — ■ Waiver of Previous Error. The asking and obtaining of leave to file 'an amended petition at the end of a trial waives any error committed by the court in denying an application to amend the original pleading, or any error that may have been committed, in the proceedings prior to the filing of the amended petition.</p> <p>2. Action — Based on Fraud — Statute of Limitations. The cause of action set forth in the amended petition herein is held to be based on fraud, and as the suit was not commenced within two years after the cause of action accrued, it is barred by the statute of limitations.</p> <p>3. Pleading — Discovery of Fraud — Necessary Allegations — Statute• of Limitations. Where the pleading on its face shows that the fraud on which the cause of action was based, was consummated more than two years before the commencement of the action, the pleader, to escape the limitation, must allege that the discovery of the fraud was less than two years before the action was begun.</p> <p>4. Pleadings — Allowance of Amendments — ^Judicial Discretion. The allowance of an amendment to an amended petition after a protracted litigation is a matter within the discretion of the court and, there having been one trial on the original petition and an entrance Upon, the second trial under an amended petition, it cannot be held that the court abused its discretion in denying the application to amend plaintiff’s amended petition.</p>