Wingrove v. Williams

Citations

• 6 Kan. App. 262
• 51 P. 52
• 1897 Kan. App. LEXIS 310

Syllabus

<p>1. Default — permitting pleadings to be filed out of time is matter of discretion. The right of the trial court to grant leave to file pleadings out of time is found in section 106, Code of Civil Procedure. This section of the Code leaves the matter of allowing pleadings to be filed out of time wholly in the discretion of the trial court, and unless the court has abused its discretion in this regard a judgment should not be reversed for this cause alone.</p> <p>2. Witness — husband of plaintiff incompetent unless her agent. There is no error apparent in the rejection of the husband’s testimony offered on behalf of the plaintiff, his wife. The husband is an incompetent witness in a suit where his wife is plaintiff, unless the plaintiff shows or offers to show that the testimony offered concerned transactions in which he acted as her agent.</p> <p>3. Demurrer to Evidence — properly sustained in this case. A demurrer to the evidence was properly sustained by the trial court, in an action for damages to the realty and growing crops upon uninclosed lands, where the evidence fails to show that the Herd Law had been put in operation by order of the Board of County Commissioners in pursuance of chapter 193, Laws of 1872 (¶ ¶ 6782-6787, Gon. Stat. 1889), or that the stock were driven upon the land by the defendant, and where the evidence fails to show that plaintiff was the owner of or in possession of said premises.</p>