· 12/8/1906
Hunter Milling Co. v. Allen
Citations
- 74 Kan. 679
- 88 P. 252
- 1906 Kan. LEXIS 122
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>Rerly — -New Matter — Departure. New matter in the reply which the plaintiff is forced to plead in order to meet the alie- • gations of the answer will not constitute departure if it does ■ not contradict the facts stated in the petition, and if it is not adopted as a new basis for relief in place of the cause of action presented by the petition.</p>
Judges: Burch, Graves, Greene, Johnston, Mason, Porter, Smith
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