Mitchell v. Ripley
Citations
- 5 Kan. App. 818
- 49 P. 153
- 1897 Kan. App. LEXIS 627
Syllabus
<p>1. Statute oe Limitations — must be pleaded. The question of statutory bars is a matter of defense, and, unless the pleadings show upon their face that the cause of action cannot be maintained, they must be specially pleaded.</p> <p>2. Pleading — pleader bound by allegations most strongly against him. Where allegations in the answer are inconsistent with each other, the defendant is bound by those against him. Bierer v. Fretz, 32 Kan. 329.</p> <p>3. -filing amended answer in discretion of the court. Permission to file an amended answer ,is a matter largely in the discretion of the trial court, and there is no abuse of discretion in this case.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- plaintiff’s bare and conclusory allegations failed to meet pleading requirements for RICO claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Been, Counsel, Dennison, Milton, Schoonover
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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