Wagner v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 73 Kan. 283
• 85 P. 299
• 1906 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Review of Judgment on Pleadings and Opening Statement. It is not necessary to file a motion for a new trial before bringing to this court for review a decision granting a motion for judgment upon the pleadings and the opening statement of counsel and sustaining an objection to the introduction of any evidence in the case.</p> <p>:2. - Cases Disapproved. The ease of Gruble v. Ryus, 23 Kan. 195, and other eases holding that a motion for a' new trial is a prerequisite to a review of a decision sustaining a demurrer tq evidence disapproved.</p>