Holmes v. Culver

Citations

• 89 Kan. 698
• 133 P. 164
• 1913 Kan. LEXIS 104

Syllabus

<p>' SYLLABUS BY THE COURT.</p> <p>1. Action — To Establish Partnership and For an Accounting— Not Barred by Two-year Statute of Limitations. An action to establish the existence of a partnership betwéen the plaintiff and the defendant, to establish the plaintiff’s interest in property claimed to belong to the partnership, and for an accounting is not one for relief on the ground of fraud and is not governed by the statute of limitations relating to actions of that character.</p> <p>2. Attorney — Purchase of Subject Matter of Action from Client. The rules of law stated in Yeamans v. James, 27 Kan. 195, relating to the purchase by an attorney from his client of the subject matter of his employment, approved and applied,</p> <p>3. Trial — Evidence Sufficient as Against Demurrer. The evidence for the plaintiff examined and held to be sufficient as against a demurrer to it interposed by the defendant.</p> <p>4. Demurrer — Trial Court Should Specify Grounds of its Ruling Thereon. Although the code does not so require, good practice requires that when a demurrer to the evidence is sustained the court specify what the defect in the proof is, if an essential fact has been omitted, and what its view of the law is if the question be as to the law which governs.</p>