Lesh v. Meyer

Citations

• 63 Kan. 524
• 66 P. 245
• 1901 Kan. LEXIS 178

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Continuance — Buie of Court. Where, by a rule of court, a party desiring the continuance of a cause is required to make his application therefor on the first day of the term or show cause why he did not do so, it is not error for the court to overrule such application made during the term, no such showing being made.</p> <p>2. Assignment oe Account — Admission by Pleadings. Where-an action is brought on an account assigned to plaintiff in writing, and th.e execution of the assignment is admitted by the pleadings, it is not error for the court to refuse to permit the defendant to introduce evidence tending to show that such assignment is only colorable and that the plaintiff is not the real party in interest, no such defense being pleaded.</p>