Marney v. Joseph

Citations

• 94 Kan. 18
• 145 P. 822
• 1915 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Demurrer to Answer — Carried Back to Petition. A demurrer to an answer may be carried back to a petition and the sufficiency of the petition tested upon that challenge, although a previous demurrer to the petition had been considered and overruled.</p> <p>2. Same. Upon a demurrer to an answer which is carried back to a petition the plaintiff will not be deemed to have admitted allegations in the answer which are inconsistent with and contradictory of those included in his petition.</p> <p>3. Libel — Letters by Guardian of Insane Ward — Not Absolutely Privileged. False statements made by a guardian of an insane ward to relatives of his ward, imputing dishonesty and crime to another who is making a claim against the ward and his estate, are not within the rule of absolute privilege.</p> <p>4. Same — When Not Conditionally Privileged. Neither will the false statements above referred to be conditionally privileged if they were not written or spoken in good faith in the performance of the guardian’s duty and without a malicious purpose, nor if the statements include libelous matter not pertinent to the subject within the privilege of the guardian to write and publish.</p>