Butler v. Milner

Citations

• 101 Kan. 264
• 166 P. 478
• 1917 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Trial — Verdict—Motion for New Trial Denied — Judgment—Approval of Verdict by Trial Judge Not Clear. Where a motion for a new trial is filed on the ground that the verdict and findings are contrary to the evidence, and the trial judge in overruling the motion makes a statement from which this court is doubtful whether he intended to give his approval to the verdict, or overruled the motion and rendered judgment on the verdict and findings because they were sustained by some positive evidence, held, the judgment should be reversed and the cause remanded with directions that a new trial be granted, unless the trial judge shall make a finding that he approves the verdict, and in case the verdict is approved, the judgment will be affirmed.</p>