Haughton v. Bilson

Citations

• 84 Kan. 129
• 113 P. 400
• 1911 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Demurrer to Petition — New Evidence — Cumulative — Probative Force. A demurrer to a petition for a new trial on the ground of newly discovered evidence raises the question whether the new evidence is cumulative, but not whether it is such as would probably change the result, where it is material and competent.</p> <p>2. -New Evidence Not Cumulative. Upon an. issue whether a stone discovered by a surveyor is the same one set in the course of a prior survey, evidence of witnesses who undertake to describe from personal observation the stone so formerly set is not cumulative to the description of the stone given in the notes of such survey.</p> <p>3. —:-Same. Newly discovered evidence offered as a ground for a new trial is not rendered cumulative by the fact that evidence of the same character and directed to the same point, but to the opposite effect, was introduced at the trial by the successful party.</p>