Brakefield v. Shelton

Citations

• 76 Kan. 451
• 92 P. 709
• 1907 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Instructions—Saving Exceptions — Transcript of the Record. In the absence of a bill of exceptions section 276 of - the civil code (Gen. Stat. 1901, § 4723) prescribes the only manner in which exceptions taken to the giving of instructions and to the refusal to give requested instructions by a district court to the jury can be made a part of the -record of such court so as to be brought to the attention of this court by a transcript of such record.</p> <p>2. - Amendment' of' the Record — Evidence. A motion to amend the record in an error case brought to this court on a transcript will not be allowed where no bill of exceptions was allowed and signed by the judge and no exceptions were noted on the instructions given or on the requested instructions refused by the court. No evidence can here be received of the taking of such exceptions in lieu of the signature of the judge.</p> <p>3. Fraud — Evidence. On the trial of a civil action in which the claim for relief is based upon allegations of fraud great latitude should be given in the introduction of evidence tending to disclose the alleged fraud.</p>