Powers v. Badger Lumber Co.

Citations

• 75 Kan. 687
• 90 P. 254
• 1907 Kan. LEXIS 115

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Amendment ■ — -Relation— Statute of Limitations. When a petition fails to state a cause of action an amendment which asserts a cause of action barred by the statute of limitations does not relate back to the first petition so as to deprive defendant of the defense of the statute.</p> <p>2. Subcontractor’s Lien — Foreclosure—-Notice to Landowner. A petition to foreclose a subcontractor’s lien under the mechanics’ lien law failed to allege that notice of the filing of the lien had been served upon the owner. More than a year after the lien was filed the petition was amended so as to allege service of the notice. A motion for judgment on the pleadings was denied, and an objection to evidence under the amended petition overruled. Held, error.</p>