Mendenhall v. School District No. 83

Citations

• 76 Kan. 173
• 90 P. 773
• 1907 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Competency of Witnesses — Transactions Had with Deceased Persons. Section 322 of the code (Gen. Stat. 1901, § 4770), which prohibits a party from testifying in his own behalf in respect to any transaction or communication had personally with a deceased person, etc., applies only to a party to the suit, and does not exclude the officers of a corporation which may be a party or other interested persons not parties to the action.</p> <p>2. Injunction — Trespass. Injunction will lie to prevent a trespass, where the acts complained of are continuous, or where the injuries occasioned thereby are of such a character that they cannot be compensated by any ordinary standard of valúe, or when for any reason the remedy at law would be inadequate.</p> <p>3. -Adequate Remedy at Law. An adequate remedy at law which will preclude proceedings in equity must be equally complete, practical and efficient with the remedy in equity.</p>