Holderman v. Hood

Citations

• 78 Kan. 46
• 96 P. 71
• 1908 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Record—Question to be Reviewed. It is incumbent upon the plaintiff in an error proceeding brought in this court to reverse the judgment of a district court to see that the record presented correctly embodies the question to be reviewed.</p> <p>2. Judgments — Demurrer to Petition on Two Grounds Sustained —Ground of the Decision Not Shown — Effect of Affirmance. Where it is sought to reverse a -judgment rendered upon the sustaining of a demurrer to a petition, which demurrer was upon two grounds (viz., insufficient statement of facts and misjoinder of causes of action), and the record fails to show upon which ground the demurrer was sustained, and this court affirms the judgment on the ground of misjoinder, when in fact the judgment was that no cause of action was stated, held, that the judgment below stands affirmed as rendered, and can again be attacked only by a timely application, accompanied by a corrected record of the judgment appealed from, to reopen the decision of this court.</p> <p>3. - Demurrer to Petition Because of Insufficient Facts Sustained — Res Judicata. When a demurrer to a petition is sustained upon the general ground of insufficient facts pleaded, and the pleader elects to stand thereon and judgment is rendered against him, such judgment is final upon the facts pleaded, and such facts can not be relitigated thereafter between the same parties in any court. (Martindale v. Battey, 73 Kan. 92, 84 Pac. 527.)</p>