Delgarno v. Middle West Portland Cement Co.

Citations

• 93 Kan. 654
• 145 P. 823
• 1915 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading — No Misjoinder — Petition States Cause of Action. The petition examined and held not to be demurrable for misjoinder or for the failure to state a cause of action.</p> <p>2. Trial — Joinder of Legal and, Equitable Actions — No Prejudicial Error. In an action' for a money judgment equitable relief was also sought. Both features of the case were heard together, and the jury were instructed that a part of the evidence was admitted because of its effect upon matters to be decided by the court, but that they might consider any of it that threw light upon the matters submitted to them. Held, that under all the circumstances- of the case it does not appear that material prejudice resulted.</p> <p>3. Trial — No Error. Other rulings examined and held not to constitute error.</p>