Insurance Co. of North America v. Evans

Citations

• 64 Kan. 770
• 68 P. 623
• 1902 Kan. LEXIS 277

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Review of Order Granting New Trial. Where a motion for a new trial based upon several grounds is allowed, and it does not appear upon what ground the new trial was awarded, and a single erroneous ruling is found among those assigned in the motion, the supreme court, in order ¡ to sustain the ruling, will presume that the motion was allowed upon that ground.</p> <p>2. -Errors Waived. Errors occurring during the trial, not brought to the attention of the trial court by a motion for a new trial, are deemed to be waived, and cannot be used in the supreme court as a ground for reversal.</p> <p>3. Insurance — Policy Covering Intoxicating Liquors. A contract of insurance covering a stock of drugs, including some intoxicating liquors, which did not relate to the conduct of the business or the consequences of the use of the property, and was not entered into with a purpose to encourage acts in violation of law, is not rendered invalid by the fact that some illegal sales of intoxicating liquors were subsequently made.</p>