Jamison v. Cardwell

Citations

• 108 Kan. 631
• 196 P. 424
• 1921 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Grain — Motion for New Trial — Excluded Evidence Not Produced on Hearing of Motion — Cannot Be Considered on Appeal. The requirement of the statute that where a motion for a new trial is based upon the exclusion of evidence, such evidence must be produced on the hearing of the motion by affidavit, deposition or oral testimony, is not met by including in the offer of proof an unverified statement of the facts proposed to be shown by the witness' who is upon the stand and whose testimony is excluded.</p> <p>2. Same — Special Findings — Verdict. The special findings are held not to require a judgment contrary to the general verdict.</p>