Sowers v. Wells

• Court: Kansas Supreme Court
• Writing for the Court: THIELE, Justice.
• Citation: Sowers v. Wells, 152 Kan. 122, 102 P.2d 980 (Kan. 1940)
• Decision Date: 08 June 1940
• Docket Number: 34776.
• Parties: SOWERS v. WELLS.

102 P.2d 980

152 Kan. 122

SOWERS v. WELLS.

No. 34776.

Supreme Court of Kansas

June 8, 1940

Syllabus by the Court.

An appeal may be taken from a ruling denying a motion for judgment on the pleadings only in cases where the motion is equivalent to a demurrer.

An appeal could not be taken from a ruling denying a motion for judgment on the pleadings, where a demurrer raising the same question of law had been previously overruled and no appeal had been taken from such ruling.

1. An appeal may be taken from a ruling denying a motion for judgment on the pleadings only in cases where the motion is equivalent to a demurrer.

2. An appeal may not be taken from a ruling denying a motion for judgment on the pleadings where it appears that a demurrer raising the same question of law has been previously overruled and no appeal taken from such ruling.

Appeal from District Court, Sedgwick County, Division No. 2; Robert L. Nesmith, Judge.

Action for slander by Claude E. Sowers against Bert C. Wells. From an adverse ruling on defendant's motion for judgment on the pleadings, defendant appeals.

Appeal dismissed.

William J. Wertz, Vincent F. Hiebsch, Forest V. McCalley, and Milton Zacharias, all of Wichita, for appellant.

Clarence R. Sowers and Claude E. Sowers, both of Wichita, for appellee.

THIELE Justice.

Defendant's motion for judgment on the pleadings was denied and he appeals. The plaintiff insists that the motion for judgment presents the same question previously raised by a demurrer to his petition and moves that the appeal be dismissed.

Sometime prior to December 17, 1938, plaintiff filed his petition seeking to recover damages for alleged slanderous statements made by the defendant. To that petition the defendant interposed a demurrer on the ground the petition did not state facts sufficient to constitute a cause of action. On December 17, 1938, that demurrer was overruled. No appeal was taken from that ruling. Thereafter the defendant answered. From a ruling striking out a portion of the answer an appeal was taken to this court where the ruling of the trial court was affirmed. Sowers v. Wells, 150 Kan. 630, 95 P.2d 281. Thereafter the plaintiff filed his reply which contained general and specific denials of the allegations of the answer and alleged the answer failed to state a defense. Thereafter the defendant filed his motion for judgment on the pleadings. It is from an adverse ruling on this motion the present appeal was brought.

In his...