City of Newton v. Toevs

Citations

• 82 Kan. 15
• 107 P. 543
• 1910 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Taken before a Referee — Procedure to Obtain a Review by the Trial Court. A party desiring to have the evidence which has been taken in a trial before a referee reviewed by the district court, to determine whether it supports the findings, should have a bill of exceptions containing such evidence allowed by the referee; and, if it is necessary to do so, should apply to the referee for time to prepare exceptions.</p> <p>2. -:- Same. If there is not sufficient time, or opportunity is not given to make such application to the referee, it should be made to the court, and for the purpose of having such exceptions allowed by the referee the court may direct the report to be held, or, if filed, to be referred back to the referee; or the court might order the referee to report the evidence.</p> <p>3. - Review by the Supreme Court — Testimony Not Reviewed by District Court. Evidence taken before a referee but not brought before the district court can not properly be reviewed in this court to determine whether it supports the findings of the referee, but upon an examination of that part of it which is abstracted it is found to support the findings to w’hich it relates.</p>