Johnson v. Hutcherson

Citations

• 111 Kan. 260
• 207 P. 207
• 1922 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Motion to Dismiss — Death of Plaintiff for More Than a Year — No Revivor— Question of Fact. A defendant moved to dismiss a case because the plaintiff had been dead more than a year and no revivor had been had. It was shown that a person had died who bore the plaintiff’s name and who was related to and lived with the, attorney who brought the suit, but that attorney made an affidavit that this was not the plaintiff. On appeal the overruling of the motion is affirmed, notwithstanding the vagueness of the information given in the affidavit referred to concerning the identity of the plaintiff, inasmuch as the disputed matter of fact in that regard can be finally settled at the trial.</p>