Thompson v. Beeler

Citations

• 69 Kan. 462
• 77 P. 100
• 1904 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court—Amendment from Conversion to Accounting Not Permissible. The petition in an action brought by a partnership to recover damages for the conversion of property belonging to it cannot be so amended, after dissolution of the firm, as wholly to abandon that action and to substitute a member' as plaintiff and state a cause of action in his favor for an accounting of the partnership business between such member and the defendant.</p> <p>2. Limitation oe Action—Provision When First Action Fails. An examination of the record in this proceeding shows that the petition in the first action could not have been so amended as to' make that action sufficiently of the nature of this one to save to this plaintiff the benefit of the year allowed for the commencement of a new action when the first one has failed otherwise than on its merits.</p>