Dunham v. Bokel

Citations

• 105 Kan. 369
• 184 P. 636
• 1919 Kan. LEXIS 86

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Newly Discovered Evidence — Evidence at Trial Not Abstracted. A judgment refusing to grant a new trial on the ground of newly discovered evidence will not be reversed, where the evidence introduced at the trial is not abstracted, and there is nothing in the, abstract to show clearly that the newly discovered evidence was not cumulative.</p> <p>2. Same — Nevñy Discovered Evidence — Want of Diligence. Before a new trial can be properly granted on the ground of newly discovered evidence, the applicant must show affirmatively that the failure to obtain it so as to produce it at the trial was not due to his own want of diligence. Evidence that , the defeated party did not know of the fact relied on until after the trial, when he was told of it by his attorney, is insufficient, because it fails to show a similar ignorance on the part of his attorney.</p>