Royal Fraternal Union v. Crosier

Citations

• 70 Kan. 85
• 78 P. 162
• 1904 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading and Practice— Ultra Vires Not a Defense under a General Denial. Under an answer consisting solely of a general denial a corporation cannot avail itself of the defense of want of power to make a contract upon which it is sued, where such incapacity does not appear from the petition.</p> <p>2. -Justice’s Court — Answer Limits the Issues. Although in justice-court practice the defendant is not required to file an answer, if he does so it will limit the issues as under the ordinary rules of pleading.</p>