Grand Lodge of the Independent Order of Odd Fellows v. Troutman

Citations

• 73 Kan. 35
• 84 P. 567
• 1906 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Testing Sufficiency of a Pleading. A motion to strike a pleading from the files is not an appropriate method of testing its sufficiency.</p> <p>2. -Petition — Amendment — Motion to Strike from the Files. Such a motion may be used to eliminate an amended pleading which is a mere repetition of one held defective on demurrer, but where leave has been granted to amend a petition, and an amendment is made which sets forth additional facts, as well as a fuller and more explicit statement of the facts alleged in the original petition, and the amendment is apparently made in a bona fide' effort to state a cause of action and meet the objections made to the original petition, a motion to strike the amended petition from the files because of sameness to the original petition will not lie.</p>