Bruington v. Wagoner

Citations

• 100 Kan. 439
• 164 P. 1060
• 1917 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Action to Set Aside — Conflicting Evidence — Findings of Trial Court Conclusive. The supreme court accepts as true the trial court’s findings of fact when they are based upon competent evidence; and on appeal it is of no consequence that there may have been much contradictory evidence adduced at the trial, which, if believed by the trial court, would have compelled entirely different findings of fact and an entirely different judgment. (Bayer v. Cockerill, 3 Kan. 282, Syl. ¶ 7; Wideman v. Faivre, 100 Kan. 102, Syl. ¶¶ 2, 5, 163 Pac. 619.)</p> <p>2. Same. When the error assigned is that the findings and judgment are contrary to the evidence, it is only necessary on appeal to consider whether there is some competent and sufficient evidence upon which the judgment is based; and a consideration or recital of the contradictory' evidence can not aid in correctly determining that question.</p>