Miller v. Baier

Citations

• 67 Kan. 292
• 72 P. 772
• 1903 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation op Action — Pleading and Practice. Where the plaintiff, to avoid the effect of the statute of limitations, pleads the absence of the defendant from the state and the defendant’s answer includes a general denial, a demurrer to the evidence must be sustained if there is no testimony'that the defendant was personally out of the state, notwithstanding it may be shown that the defendant was at al) times a resident of another state.</p>