Sparks v. Smeltzer

Citations

• 77 Kan. 44
• 93 P. 338
• 1908 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Irrelevant Matter. A demurrer may not be employed to rid a single cause of action or defense of irrelevant, redundant or improper matter.</p> <p>2. Practice, Supreme Court — Intermediate Order — Review. Where a paper, designated as a demurrer, is treated as the equivalent of a motion to strike out, a decision of the same is no more than an intermediate order, which cannot be reviewed until final judgment is rendered.</p>