Keizer v. Remington Paper Co.

Citations

• 71 Kan. 305
• 80 P. 570
• 1905 Kan. LEXIS 134

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, Supreme Court — Error Waived. Where a defendant was entitled to a judgment on the pleadings only because of the failure of the plaintiff to reply to new matter contained in the answer, and the court heard the case upon the theory that all issues had been joined* a judgment for the plaintiff will not be reversed on account of the denial of a motion filed by the defendant for a judgment on the pleadings which made no reference to such omission, when the record affirmatively shows that the attention of the court was not called to the fact that no reply had been filed.</p>