Mullarky v. Manker

Citations

• 102 Kan. 92
• 170 P. 31
• 1917 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Exchange op Property — Relief on the Ground of Fraud — Evidence. In an action for relief on the ground of fraud, the evidence held to have been sufficient to warrant submitting to the jury the matter on which the verdict was based.. Í</p> <p>2. Same — Motion to Separately State Causes of Action — Judicial Discretion. The overruling of a motion to require different causes of action to be separately stated and numbered, being a matter of discretion, is ordinarily not subject to review.</p> <p>3. Same — Demurrer to• Petition — Misjoinder of Parties. Where a demurrer to a petition on the ground of misjoinder is based upon the claim that one of the defendants is not affected by one of the causes of action, the sustaining of a demurrer to the evidence as' to that defendant prevents the overruling of the demurrer on that ground from being • material on appeal.</p> <p>4. Same — Motion to Strike Matter from Petition. The overruling of a motion to strike matter from a petition held not to have been prejudicial.</p> <p>5. Same — Evidence. Rulings admitting evidence held not to have been erroneous.</p>