Phœnix Insurance v. Washington

Citations

• 71 Kan. 777
• 81 P. 461
• 1905 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Misjoinder — Objection Waived. The plaintiffs brought an action on a policy of insurance covering personal and real property. It was disclosed on .the trial that one of them had no interest in the personal property, and the other no interest in the real estate. It also appeared that the insurance company was informed of these facts before the action was begun. After the evidence had all been introduced the defendant requested permission to amend its answer and plead the misjoinder of the parties plaintiff, which was refused. Held, that under the circumstances the court did not abuse its discretion.</p>