Hanson v. Kendt

Citations

• 94 Kan. 310
• 146 P. 1190
• 1915 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change of Venue — Insufficient Application. An application for a change of venue, supported by the affidavit of the party making such application, setting forth that a fair and impartial trial can not be had because of prejudice in the county against the applicant, and that the judge is biased and prejudiced in favor of the opposite party, and that the applicant has a suit pending against the judge for alleged misrulings and proceedings without jurisdiction, is not of itself sufficient to compel such a change.</p> <p>2. Empaneling Jury — Irregularities of Clerk — No Prejudice Shown. A judgment will riot be disturbed for irregularities of the clerk of the district court in calling jurors for the trial of a cause, unless it appears that the party complaining was prejudiced thereby.</p> <p>3. TRIAL — Instructions—Presumption in Absence of Evidence. Instructions, stating correct principles of law, applicable to the pleadings, will be presumed to have conformed to the facts proved, in the absence of any abstract of, or statement con- . cerning, the evidence.</p> <p>4. Motion for New.Trial — Absence of Witness — Motion Properly Denied. A motion for a new trial, which alleges inability to procure the attendance of a witness, when no application for a continuance, or other request, is made on that account when the case is called for trial, is properly denied.</p> <p>5. Same — Surprise at Witness’ Evidence — Motyon Properly Denied. A motion for a new trial which alleges surprise because a witness did not give more definite testimony, is properly denied, when no application or request of any kind is presented to the court at the time the testimony is given.</p> <p>6. Same — Remarks Made in Presence of Jtiror — Not Shown to Have Been Prejudicial. It must be shown that remarks made in the presence of a juror trying a cause were such as would necessarily prejudice the party complaining, or it must be shown that prejudice did result therefrom,