St. Francis Land & Abstract Co. v. Rathburn

Citations

• 84 Kan. 664
• 114 P. 862
• 1911 Kan. LEXIS 390

Syllabus

<p>HEADNOTE BY THE REPORTER.</p> <p>1. Practice, Supreme Court — Grounds of Trial Court’s Ruling —Presumption. Where one of the grounds for a motion is sufficient, and the record does not show upon what ground the trial court sustained the motion, it will be assumed on review that the sufficient ground was the one upon which the court sustained the motion.</p> <p>2. Pleadings — Effect of Striking Amended Answer from the Files. When an amended answer was stricken from the files it left the original answer standing as though no amended answer had been filed.</p> <p>3. - Amendment — Judicial Discretion. Where a demurrer was sustained to an amended answer, except the general denial, the court did not abuse its discretion in refusing to permit a second amended answer to be filed.</p>