10 Kan. 102 | Kan. | 1872
The opinion of the court was delivered by
This was an action founded upon a promissory note and a written contract. The plaintiff in his petition below made all the necessary allegations concerning said note and contract, and the defendant’s liability thereon, to show a good cause of action. But instead of attaching copies of said note and contract to his petition, as he might have clone under § 118 of the code, he attached .the original note .and contract to his petition. The defendant answered, denying indebtedness to the plaintiff, and setting up new matter constituting a counterclaim and set-off; but he did not deny the execution of said note and contract. In fact, he expressly admitted the execution of the note, and impliedly at least ■admitted the execution of the contract. During the trial the plaintiff offered to introduce in evidence the note and contract. The defendant objected on the ground that no copies of the same had been attached to the petition, as required by said § 118 of the code. The court sustained the objection, and the plaintiff duly excepted. The verdict of the jury and the judgment of the court were in favor of the defendant and against the plaintiff for fifteen dollars, and the plaintiff now asks to have the judgment reversed.
The only ruling complained of is that- of the court in excluding said evidence. If the only reason for excluding said evidence was that copies of said note and contract were not attached to the petition, when the originals themselves were so attached, we think the reason was a very unsound one.