Kibby v. Gibson

Citations

• 72 Kan. 375
• 83 P. 968
• 1905 Kan. LEXIS 355

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Burden of Proof — Demurrer to Evidence. When a party upon whom rests the burden of the issues introduces evidence which, uncontroverted, would establish a cause of action in his favor, and then introduces evidence which, prima facie, defeats his cause of action, and the opposite party demurs to the evidence, held, it is error for the court to overrule the demurrer and render judgment in favor of the party who produced the evidence.</p> <p>2. - Order of Proof — Defensive Evidence by the Plaintiff. Although it is bad practice to do so, yet, where no objection is made on this ground, the party who has the burden of the issues may introduce all the evidence pro and con upon every issue in the case. If, however, he introduces evidence which, unrebutted, defeats his cause of action, he does so at his peril.</p>