Herrald v. Paris

Citations

• 89 Kan. 131
• 130 P. 684
• 1913 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Relief on Ground of Fraud — Proof Required — Instructions. In an action for relief on the ground of fraud, an instruction that the plaintiff is entitled to recover if he has proved his allegations by a preponderance of the evidence, and that a bare preponderance is sufficient for the purpose, will not require the setting aside of a verdict against the defendant, in the absence of anything further to indicate that the jury were misled, where they were also told that matters that are unusual, unnatural or out of the ordinary course of affairs, should not be taken for granted upon slight proof, but can be established only by evidence of a reliable character, such as satisfies the mind.</p> <p>2. New Trial — Newly Discovered Evidence. In a case which at a first trial turned wholly upon a question of veracity between the parties, it is held that a new trial should be granted on the ground ‘of newly discovered evidence, in order to give opportunity for the production of a disinterested witness upon the vital matter at issue.</p>