Klapper v. J. R. Burnett Coal & Mining Co.

Citations

• 108 Kan. 61
• 194 P. 315
• 1920 Kan. LEXIS 551

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Pleadings Show Plaintiff Not Entitled to Recover. Maughlelle v. Mining Co., 99 Kan. 412, 161 Pac. 907, followed.</p> <p>2. S-ame — Motion for Judgment on Pleadings — Notice—Waiver. After the issues have been made up in an action, and the pleadings disclose that judgment cannot be rendered for the plaintiff on the facts alleged, a motion for judgment on the pleadings may be filed out of term time without notice to the opposing party and without his consent; and judgment may be rendered thereon, when counsel for the opposing party is present at and participates in the hearing of the motion without objection.</p>