90 Kan. 555 | Kan. | 1913
Was there error in striking out the ■amended and supplemental answer filed by appellant? He rented a farm from appellee on which stock was to be kept. Each party was to furnish certain things and bear a proportion, of the expense. The increase of ■stock and the profits made were to be divided on a stipulated basis. A dispute arose between them, and appellee sued to recover money alleged to be wrongfully withheld by appellant and caused his property to be seized on attachment. An answer was filed by appellant, alleging that he had complied with the conditions of the lease, asking for the dissolution of the
Permission to file this pleading having been granted, no reason is seen why it should have been stricken out, nor does any reason appear why the facts alleged therein were not proper matters to set up, either by way of amendment or as supplemental to the original answer. It appears, however, that after this ruling a second supplemental and amended answer was filed by appellant, in which he alleged most of the facts set up in the stricken answer. That pleading stands unchallenged on the files and supersedes the one stricken out. By filing the last amended and supplemental answer any error in the ruling upon the first is deemed to be waived. (Rosa v. M. K. & T. Rly. Co., 18 Kan. 124; Jockers v. Borgman, 29 Kan. 109, 44 Am. Rep. 625;
The question presented not being open to review, the appeal must be dismissed.