Harper v. Harper

Citations

• 83 Kan. 761
• 113 P. 300
• 1911 Kan. LEXIS 235

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Findings of Fact — Conclusions of Law. Where a court is requested at the commencement of a trial to prepare findings of fact and conclusions of law it is the duty of the court to comply with the request, and if such findings state in separate paragraphs the facts presented, clearly, concisely, and in a manner that they may be readily understood, and so it will be apparent what conclusions the court reached and the facts upon which such conclusions are founded, this will be deemed a sufficient compliance with the request, even though some of the paragraphs may contain a compound of both fact and law and do not in every instance separate with technical accuracy the findings of fact from the conclusions of law.</p> <p>2. Evidence — Testimony by a Party — Action against Administrator. It is not error, under section 320 of the code of 1909, to permit a party to testify in an action against an administrator or executor, where the testimony contains no communication or transaction with the deceased.</p> <p>3. --— Offer of Proof — When Necessary. Where a witness is excluded from giving testimony, and none is given and no offer of proof is made and the question does not clearly indicate the nature of the evidence which the witness is expected to give, such exclusion will not be deemed erroneous.</p> <p>4. - Husband and Wife. In an action to set aside a will the principal legatee died pending the action, and a revivor was had in the name of his widow, who was the executor of her deceased husband and his sole heir at law. She was called as a witness in the action to set aside the will. Specific objection was made that the witness was incompetent because she was the widow of one of the original parties to the suit. Held, that she was not incompetent, as she did not testify to any communication between herself and husband during their marriage.</p>