Caldwell v. Skinner

Citations

• 105 Kan. 32
• 181 P. 568
• 1919 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Transcript—Matters Reviewable. In the absence of a transcript or record of the evidence prepared as the code provides; questions arising on the evidence and proceedings are not open to review on appeal.</p> <p>2. Same. Without evidence bearing on any question in the case upon which an instruction is founded, it cannot be determined that prejudicial error was committed in giving the instruction, although it might, under a certain state of facts, or as an abstract proposition, be incorrect.</p> <p>3. Trial — Opening Statements to Jury — Judicial Discretion. The denial of a request by plaintiffs for permission to make an additional statement of their case to the jury after an amendment of the answer had been made with the permission of the court, cannot be deemed to be prejudicial error in the absence of a showing as to the nature and extent of the statement already made.</p> <p>4. SAME. The fullness or brevity of such an opening statement is largely within the discretion and control of the trial court.</p>