Collins v. Hayden

Citations

• 104 Kan. 351
• 179 P. 308
• 1919 Kan. LEXIS 264

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Concerning Transactions with Person Since Deceased — Amended Statute ConstruedNotwithstanding the fact that in a revision of the section of the code making a party incompetent under certain circumstances to testify in his own behalf concerning transactions with a person since deceased, the word “party” in that connection was changed to “person,” the statute is not to be construed as excluding the testimony of a witness in the class of cases referred to, whenever a decision in favor o'f the party calling him would inure to his benefit.</p> <p>2. Action — Setting Aside Deeds — Trial to Court — Admission of Alleged Incompetent Evidence. Where in a trial without a jury judgment is rendered against the party having the burden of proof, the fáet that the,evidence in support of his claim is not directly contradicted otherwise than by testimony which is attacked as incompetent, does not affirmatively show that the decision was influenced by such challenged testimony.</p>