Warnock v. Moore

Citations

• 91 Kan. 262
• 137 P. 959
• 1914 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Two Actions Pending — Plea in Abatement — One Action Dismissed. The plaintiff sued the defendant in Ness county. Afterwards the plaintiff brought a second suit on the same cause of action in Reno county. After a plea in abatement had been filed in Reno county alleging the. pendency of the former suit, the Ness cs>unty action was dismissed. The plea in abatement was then overruled and the Reno county action proceeded to judgment. Held, the dismissal of the first action removed the bar to the maintenance of the second.-</p> <p>2. Pleadings — Alienation of Affections — Ultimate Facts to be Pleaded. In an action for damages by a husband for the alienation of his wife’s affections it is not necessary to plead specifically the artifices by which the wrong was accomplished. • It is sufficient to plead the ultimate facts.</p> <p>3. Same — Evidence—Not Limited to Specific Acts and Dates Pleaded. Where a petition pleads certain conduct occurring between certain dates as means whereby alienation was accomplished, but further pleads that various other means of alienation were- employed which the plaintiff can not, for want of knowledge, describe with particularity, the plaintiff is not limited in his proof to the conduct and the dates specially pleaded.</p> <p>4. Same — Evidence of Conduct of Defendant and Plaintiff’s Wife — Proper. The plaintiff’s wife left his home on July-5 in company with the defendant who furnished the conveyance and. supplied her with money. On the next day she and the - defendant passed- for husband and wife in a distant city and occupied the same apartment for two nights. Held, an instruction to the jury that they might consider the conduct of the defendant with reference to the plaintiff’s wife-after she left home was proper.</p> <p>5. Trial — Rulings of Court and Verdict Approved. The admission of an item of evidence offered to prove malice, and the verdict of the jury approved.</p>