Hennis v. Bowers

Citations

• 79 Kan. 463
• 100 P. 71
• 1909 Kan. LEXIS 215

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition—Construction—Failure of Proof. As against a demurrer to the evidence of a plaintiff and the claim that it proves no cause of action set forth in the petition the pleading should be liberally construed, and if the evidence fairly tends to support any cause of action, however inartistically pleaded, the demurrer should be overruled.</p> <p>2. Evidence—Joint Demurrer. In an action to which there are several defendants, if the petition, liberally construed, states a cause of action against all of the defendants, and the evidence fairly tends to establish such cause of action against one or more of the defendants, a demurrer by all of the defendants, jointly, to the plaintiff’s evidence should not be sustained.</p>