Buchanan v. Fireman's Insurance Co.

Citations

• 94 Kan. 132
• 146 P. 411
• 1915 Kan. LEXIS 57

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Absence of Attorney — Motion Denied — No Abuse of Discretion. Upon the facts stated it is held that no abuse of discretion is shown on the part of the trial court in hearing- a cause in the absence of the attorney for the defendant, or in overruling- a motion for a new trial based .upon that ground.</p> <p>2. Same. In an action on a fire insurance policy, tried in the absence of the defendant’s attorney, it is held not to have been error to overrule a motion for a new trial, although the plaintiff, having under the pleadings the burden of proving-that an arbitration of the amount of loss was prevented by the defendant’s misconduct, failed to introduce any evidence on that point, there having been testimony that the loss was in fact more than three times the face of the policy.</p>