Larimore v. Miller

Citations

• 78 Kan. 459
• 96 P. 852
• 1908 Kan. LEXIS 85

Syllabus

<p>SYLLÁBUS BY THE COURT.</p> <p>1. Parties — Defect—Demurrer to Evidence. The question of a defect of parties defendant can not be raised by a demurrer to the plaintiff’s evidence; and where such a demurrer has been sustained, and this court on review is of the opinion that there was some evidence to support all the essential allegations of the petition, the ruling will be reversed, notwithstanding it may appear that a final judgment for the plaintiff could not rightfully' have been rendered without the bringing in-of additional parties.</p> <p>“2. Watercourses — Evidence. The evidence examined and held to have some tendency to show the existence of a watercourse.</p>