Farmers & Merchants State Bank v. Goe

Citations

• 110 Kan. 65
• 202 P. 835
• 1921 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment Lien — Interplea Under Chattel Mortgage — Foreign Matters May Not Be Raised by Interplea. A person interpleading under section 45 of the code of civil procedure cannot in'the action, over the objection of the plaintiff, litigate with the defendant a controversy unconnected with the attached property and wholly foreign to the subject of litigation presented by the plaintiff.</p> <p>2. Same — No Waiver by Plaintiff of His Right to Object to Foreign Issues Raised by Interplea. The right of the plaintiff to object to such litigation as is described in the first paragraph of this syllabus is not waived by answering that part of an interplea which sets up the interpleader’s claim to the attached property nor by appearing and cross-examining at the taking of depositions on behalf of the interpleader where the cross-examination concerns only the right to the possession of the property.</p> <p>3. Same — No Error in Rulings on Pleadings. An order denying a motion to strike out parts of an answer and to make it more definite and certain becomes immaterial when that part of the pleading to which those parts of the answer are directed is stricken out.</p>