Kansas Torpedo Co. v. Erie Petroleum Co.

Citations

• 75 Kan. 530
• 89 P. 913
• 1907 Kan. LEXIS 96

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Dilatory'Plea Properly Denied Where Defendant Was in Default. In an action by a foreign corporation the defendant, after being in default fifty-six days, asked permission to plead generally. The court granted leave to answer to the merits only, refusing to allow a plea in abatement to be filed, the purpose of which was to dismiss the action on the ground that the plaintiff had not complied with section 1283 of the General Statutes of 1901. Held, that in the absence of any reason or excuse being shown for such default the ruling of the court was not an abuse of judicial discretion.</p> <p>2. --- Amendment of Pleadings after Jury Trial Has Begun. Where a pleading is amended after the commencement of a jury trial the right of the adverse party to plead thereto, the time within which it may be done, and whether such privilege be general or limited to the merits, are questions for the determination of the court in its discretion, considering the circumstances of the case and the conditions of the parties at the time. The order of the court in such a case will not be disturbed except for an abuse of discretion.</p>