New v. Smith

Citations

• 73 Kan. 174
• 84 P. 1030
• 1906 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parties — Action to Recover Convict’s Estate — Trustee. An action for the recovery of property belonging to a convict under sentence and -imprisonment for a term less than life can only be maintained by a trustee.</p> <p>2. -Improper Joinder — Demurrer — Surplusage. Where such an action is brought in the name of the trustee, and the petition states a cause of action in his behalf, the convict being also named as a party plaintiff, the allegations with reference to the convict’s right to join as a plaintiff should be treated on demurrer as mere surplusage.</p> <p>S. Petition — Duplicity — Motion to Separate and Number. When a petition sets up a cause of action in ejectment and another for rents and profits, a motion separately to state and number the two causes of action should be allowed.</p>