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91 Kan. 322

Herriff v. Finley

Supreme Court of Kansas

Decided January 10, 1914

Supreme Court of Kansas · decided 1914-01-10

<p>HEADNOTE BY THE REPORTER.</p> <p>Pleadings — Demurrer to Petition — How Determined. In determining a demurrer to a petition courts will look no further than the allegations of the petition, and the facts fully and completely set forth in exhibits attached to such petition and made a part thereof.</p>

Affirmed · Decided 1914-01-10

Per Curiam:

¶1In this appeal from a judgment sustaining a demurrer to' a petition the plaintiff asks the court to review proceedings in other actions, but they are not set out or abstracted and therefore they can not be examined.

¶2Various documents are referred to in the abstract as exhibits, designated by letters A to H, but we have no information of the contents of the papers referred to. This is also true of a decree, motion, notice and various journal entries to which reference is made without stating their purport. In like manner a stenographer’s report of a trial is mentioned but no such report, or abstract of its contents, is given, nor is it stated how it was material to the hearing upon a demurrer to the petition.

¶3It seems from the argument that the plaintiff sought in this action to recover damages for alleged misconduct of a district judge, attorneys and others in other actions and proceedings, but the ruling of the learned *323judge pro tem upon the demurrer must be presumed to be correct in the absence of the petition or its substance and the grounds upon which it was challenged.

¶4No error being shown the judgment is affirmed.

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