Brock v. Corbin

Citations

• 94 Kan. 542
• 146 P. 1150
• 1915 Kan. LEXIS 123

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note — Endorsements—Evidence—Transactions Had Personally with Deceased — Incompetent. An offer by the plaintiff, who brought an action against the administratrix of -the estate of a deceased person, to testify that the deceased, in his lifetime, had made payments to plaintiff upon the promissory note in suit and that plaintiff had endorsed the payments on the note was properly excluded under section 320 of the civil code.</p> <p>2. Note — Limitation of Action — Payments—Identification of Debt. To effectually interrupt the running of the statute of limitations by a payment it must appear that there was no uncertainty about the indentification of the debt on which it was made.</p> <p>3. New Trial — Newly Discovered Evidence — When Sufficient. Before a new trial is granted upon the ground of newly discovered evidence it must appear not only that the proposed evidence is material, is not cumulative, and that due diligence had been used to procure it, but also that it would be sufficient to produce a different result.</p> <p>4. Appeal — Matters for Review. Only such matters as were considered by the trial court are open to review in the supreme court.</p> <p>5. Evidence — Not Objected to in Probate Court — No Estoppel on Appeal. The fact that a party made no objection to testimony offered in a trial in the probate court did not preclude such party from making an objection to the same testimony when it was offered on an appeal in the district court.</p>