Judy v. Buck

Citations

• 72 Kan. 106
• 82 P. 1104
• 1905 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Evidence Properly Rejected— Relevancy Not Shown. Where an objection is sustained to a question propounded to a witness, and it is not apparent from the issues and condition of the proof at the time that the question is proper, such ruling will not be deemed erroneous unless it is made to appear, by offer of proof or otherwise, what facts are expected to be elicited by such question.</p> <p>2. Replevin — Recitals in Chattel Mortgages — Evidence. In an action of replevin, where the controversy consists of a dispute between the parties as to which of them is entitled to the possession of certain cattle, and each of them claims as mortgagee under different chattel mortgages, both of which were executed at different times by the owner of the cattle, the statements and recitals in one of the mortgages are not binding upon the holder of the other, and are not admissible as evidence against him.</p> <p>3. -Instructions. In the absence of a request to do so it is not error for a trial court to omit to instruct the jury upon special phases of the case, where proper general instructions have been given.</p>