Hamilton v. Eastern Kansas Oil Co.

Citations

• 103 Kan. 434
• 173 P. 911
• 1918 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Verdict Set Aside — Judgment on Special Findings — Appeal — Error Must Affirmatively Appear. Error will not be presumed, but must affirmatively appear. Where a review is sought of the action of the trial court in setting aside a general verdict and rendering judgment on the special findings, and none of the evidence is abstracted, but on the special findings the action of the trial court would be justified provided there was no evidence of a certain character offered, it will not be presumed that there was such evidence.</p>