State Bank v. Showers

Citations

• 65 Kan. 431
• 70 P. 332

Syllabus

<p>SYLLABUS BY THE' COURT.</p> <p>1. Practice, District Court — Motion to Strike from Pleading. It is not error to refuse to strike from a pleading the statement of a legal conclusion, where the facts upon which such statement rests are fully set out.</p> <p>2. -Report of Referee — Exceptions. Exceptions to the report of a referee may, by order of court, be referred back to the referee, to be made, by the party making them, more clear and intelligible as to the ground of exception already contained therein.</p> <p>3. - Office of Referee. A referee is an officer of the court, and, as such, is under its lawful supervision for the purpose of the accomplishment of justice in the matter which has been referred to him.</p> <p>4. Replevin — Measure of Damages. The rule for the ascertainment of damages in replevin actions laid down in Yandle v. Kingsbury, 17 Kan. 195, 22 Am. Rep. 282, and Werner v. Qraley, 54 id. 383, 38 Pac. 482, approved and followed.</p>