Sharp v. Cox
| Decision Date | 04 March 1944 |
| Docket Number | 36061. |
| Parties | SHARP v. COX et al. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
As against demurrer, a petition should be liberally construed and all reasonable inferences indulged in to sustain the petition.
Petition alleging cause of action for false arrest and imprisonment against one defendant, and alleging that three other defendants unlawfully and maliciously instigated, caused, and procured arrest and confinement of plaintiff, was demurrable on behalf of the three defendants for failure to state issuable facts and because it was not drawn on a single and definite theory. Gen.St.1935, 60-601; 60-704, subd. 2.
In an action for damages against one defendant for false arrest and imprisonment and against three others for malicious prosecution, or perhaps for false arrest and imprisonment the court correctly sustained demurrers on behalf of the three defendants because of lack of allegations of issuable facts as to them, and also because as to them the petition was not drawn upon a single and definite theory.
Appeal from District Court, Ness County; Fred J. Evans, Judge pro tem.
Action by Elmer Sharp against Vergil Cox for false arrest and imprisonment and against John O'Brien, Charles Maupin and P. L. Smith. From an order sustaining the demurrers of O'Brien, Maupin, and Smith to the petition, the plaintiff appeals.
Russell L. Hazzard, of Dodge City, for appellant.
A. B Mitchell, Atty. Gen. (Braden C. Johnston, Asst. Atty. Gen and Irwin Snattinger, of Topeka, on the brief), for appellees Charles Maupin and P. L. Smith.
Richard A. Floyd, of Tribune, for appellee John O'Brien.
Plaintiff brought this action for damages against four defendants--Vergil Cox, sheriff of Ness county at the time in question; John O'Brien, under-sheriff of Ness county Charles Maupin, investigator for the Kansas Bureau of Investigation, and P. L. Smith.
As against the defendant Cox, plaintiff alleged a cause of action for false arrest and imprisonment. Cox's demurrer to plaintiff's petition was overruled, and no question is presented to us respecting the correctness of that ruling.
As to the other defendants, the petition alleges:
"The defendants, John O'Brien, Charles Maupin and P. L. Smith, and each of them, recklessly, oppressively, insultingly, wilfully, unlawfully and maliciously and with design to oppress and injure plaintiff instigated, caused and procured the arrest and confinement of said plaintiff as aforesaid."
O'Brien's separate demurrer, upon the ground that the petition does not state facts sufficient to constitute a cause of action against him, was sustained, and the joint demurrer of Maupin and Smith was sustained upon the same ground. Plaintiff has appealed from the ruling of the court sustaining the demurrers of O'Brien, Maupin and Smith. In riding upon the demurrer the trial court stated its reasons as follows:
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