Davies v. Lutz

Citations

• 107 Kan. 199
• 191 P. 485
• 1920 Kan. LEXIS 44

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — Parts of Petition Stricken Out — No Prejudicial Error — Judicial Discretion. The striking out or retaining of profuse and unnecessary averments in a pleading is largely within the discretion of the court, and where an order to strike is made, which leaves in the pleading sufficient to enable a party to present all of its claims or defenses, no prejudicial error is committed.</p> <p>2. Same. — No Abuse of Judicial Discretion. Under the rule stated, it is held that the striking out of portions of defendants’ answer and cross petition furnishes no ground for a reversal.</p>