Breitkreutz v. National Bank

Citations

• 70 Kan. 698
• 79 P. 686
• 1905 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Ruling of Referee Assigned as Error. Where, in a trial before a referee, papers in another action were received in evidence, and the question of their competency expressly reserved by the referee for further consideration, his ruling cannot be made the basis for an assignment of error unless his attention was thereafter called to the evidence admitted, and a ruling made by him thereon at a later stage of the case.</p> <p>2. -Reference in Brief Held Insufficient. Rule No. 10 of this court requires that, “when the error alleged relates to the admission or rejection of evidence, the brief shall quote the full substance of the evidence admitted or rejected. ” A mere reference in a brief to the pages of the record where the evidence may be found respecting which error is assigned is a violation of this rule.</p> <p>3. Practice, District Court — Request for Findings Properly Denied, In a trial court before a referee one of the parties submitted a list of interrogatories to be answered “yes” or “no” by the referee. Held, that the request was properly denied.</p> <p>4. Practice, Supreme Court —Unavailing Ground of Error. A general objection to the refusal of a referee to adopt a set of conclusions of fact will not avail the party offering them as a ground of error if any of the conclusions were rightfully rejected.</p> <p>5. Practice, District Court — Fraudulent Conveyance. A creditor having judgment may maintain a suit to set aside a fraudulent conveyance after the return of an execution unsatisfied. It is unnecessary to allege the insolvency of the debtor.</p> <p>6. - Case Distinguished. The case of Taylor v. Lander, 61 Kan. 588, 60 Pac. 320, distinguished.</p>