[DOWNLOAD] "Lorey v. Cox" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Lorey v. Cox
- Author : Supreme Court of Kansas
- Release Date : January 06, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
The opinion of the court was delivered by The defendant appeals from an order overruling her demurrer to
a petition. The sole ground of the demurrer was another cause of
action was pending between the same parties for the same cause. In support of appellant's demurrer she offered in evidence the
record of another pending action. Appellant states the only issue
on appeal is whether the cause of action alleged in the instant
petition is the same cause of action set forth in the previously
filed and pending case. Appellant is in error. We are not
presently concerned with that question. The only question is
whether the court erred in overruling her demurrer. The petition
to which appellant demurred does not disclose another action was
pending for the same cause or, in fact, for any other cause. In
order to render the petition demurrable on the ground asserted,
or for that matter on any statutory ground, the defect under our
code must appear on the face of the petition.