Barnhill v. Miller

Citations

• 114 Kan. 73
• 217 P. 274
• 1923 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action to Set Aside Will — Motion to Set Aside Verdict and for Judgment Notwithstanding the Verdict — Motion Equivalent to Motion for New Trial. A motion to set aside a verdict, and for judgment notwithstanding the verdict, for the reason that the verdict is not supported by the evidence,. is contrary to the evidence, is contrary to the law, and that the records of the case disclose that defendants are entitled to judgment in their favor, held, under the facts in this case, for the purpose of appeal, to be the equivalent of a motion for new trial.</p> <p>2. Same — Insufficient Evidence to Support a Judgment Setting Aside a Will. ■ In a suit to set aside a will because of unsoundness of mind of the testator and undue influence upon him, the evidence examined; and held, insufficient to support a verdict and judgment setting the will aside.</p>