Dodson v. Moran

Citations

• 101 Kan. 592
• 168 P. 841
• 1917 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defect of Parties — Not Raised, by Pleadings — Treated as an Issue upon the Trial — Waiver. A defect of parties should be raised in the answer or feply, but where the question is not so raised and the parties offer evidence upon the question and treat it as an issue in the case and the court instructs the jury thereon neither party can insist, upon an appeal, that the question had been waived by the failure to raise the question in the pleadings.</p> <p>2. Duty of Jurors — Must Accept and Follow Instructions. ' It is the bounden duty of jurors to accept and follow implicitly the law as expounded to them by the court, and where they disregard the instructions and return a verdict in plain violation of them, the verdict should ordinarily be set aside.</p>