Glenn v. Missouri Pacific Railway Co.

Citations

• 87 Kan. 391
• 124 P. 420
• 1912 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT*.</p> <p>1. Trial — Practice —■ Statement to Jury — Discretionary. In making a statement of the case or of the defense and of the evidence expected to be produced at the commencement of the trial of a civil action in accordance with section 285 of the code, either party may make his statement as full and complete as he desires or may omit to make any statement, at his discretion.</p> <p>2. -■ Statements Not Pleadings. Such statements when made are not pleadings within the purview of article 8 of the code (Civ. Code, §§ 89-146) and are not vulnerable to attack by demurrer.</p> <p>3. Pleadings — Issues Joined — Demurrer—Practice. After the parties to a civil action have, in proper time, by their pleadings framed issues of fact to be tried, it is not good practice to allow one party at the trial, without at least withdrawing his pleading, to orally demur to the sufficiency of the pleading of the other party, and thus discard the issues of fact and raise new issues of law.</p>