Kimble v. Bunny
Decision Date | 07 April 1900 |
Docket Number | 11,402 |
Parties | HENRY KIMBLE v. FREDERICK BUNNY |
Court | Kansas Supreme Court |
Decided January, 1900.
Error from Saline district court; R. F. THOMPSON, judge.
Judgment affirmed.
David Ritchie, for plaintiff in error.
Burch & Burch, for defendant in error.
The plaintiff below, Frederick Bunny, brought an action against Henry Kimble based on three promissory notes alleged to have been executed by the latter. The defendant answered by filing a general denial, with a verification, as follows:
HENRY [his mark X] KIMBLE.
If no denial of the execution of the notes sued on was made by this answer so verified, then the errors complained of which relate to the rejection of testimony offered by the defendant below become immaterial. By the provisions of our statute, allegations of the execution of written instruments and indorsements thereon are taken as true in all actions, unless a denial of the same be verified by the affidavit of the party, his agent or attorney. (Gen. Stat. 1897, ch. 95, § 108; Gen. Stat. 1899, § 4358.) Section 111 of the code reads:
"The affidavit shall be sufficient if it state that the affiant believes the facts stated in the pleading to be true."
This answer contains no statement of facts, and the verification subjoined to it is appropriate to that required to be attached to a pleading which avers facts affirmatively. If the answer had contained a specific denial that the defendant below had executed the notes, copies of which were set forth in the petition, then the verification would have been sufficient. In such case an affirmative statement would have appeared, to which the language of the affidavit attached to the answer would have been applicable. In a general denial there are no facts stated. The pleading contains denials, but the verification employed in this case contains no statement that...
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Caldwell v. Baxter
... ... facts." Bates, Pleading, Practice, Parties and Forms ... vol. 2, p. 1587; Kimble v. Bunny, 61 Kan. 665, 60 P ... 746. In that case, plaintiff below, Frederick Bunny, brought ... an action against Henry Kimble based on three ... ...
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Caldwell v. Baxter
...general denial, for a general denial states no facts." Bates' Pleading, Practice, Parties, and Forms, vol. 2, p. 1587; Kimble v. Bunny, 61 Kan. 665, 60 P. 746. In that case plaintiff below, Frederick Bunny, brought an action against Henry Kimble based on three promissory notes alleged to ha......
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Fidelity Nat. Bank & Trust Co. of Kansas City v. Cloninger
...execution of the note nor allege payment of the same. So the verified answer did not put in issue the execution of the note (Kimble v. Bunny, 61 Kan. 665, 60 P. 746), was a jury issue raised by the pleadings. Union State Bank v. Chapman, 124 Kan. 315, 259 P. 681. The numerous other defects ......
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Minneapolis Threshing MacHine Company v. Francisco
... ... incorporation of the plaintiff, nor is it certain that this ... fact was thereby put in issue. (Kimble v. Bunny, 61 ... Kan. 665, 60 P. 746; Caple v. Drew, 70 Kan. 136, 78 ... P. 427; Smith v. Bowersock, 95 Kan. 96, 147 P ... 1118.) It does not ... ...