Riverside Township v. Bailey

Citations

• 82 Kan. 429
• 108 P. 796
• 1910 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Petition Containing Several Counts — Sufficiency of Each Count. Where a pleading consists of more than one count each count must, as against a general demurrer, be considered as if standing alone and constituting the entire pleading.</p> <p>2. -• Same. In such a case neither facts involved in the action nor the averments of another count, unless incorporated by reference into the pleading demurred to, can properly be considered upon such hearing.</p> <p>3. Waiver — Erroneous Denial of New Trial — Refusal of Applicant to Specify Errors. Where, upon the hearing of a motion for a new trial, the court requests the applicant to point out specifically the defects complained of, and such applicant declines and neglects to do so, such failure will be regarded as a waiver of any error committed by the court in denying such motion.</p>