Mason v. Harlow

Citations

• 92 Kan. 1042
• 142 P. 243
• 1914 Kan. LEXIS 372

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Evidence — Conflicting—Findings of Trial Court Conclusive on Appeal — Record Can Not be Impeached by Affidavit of Attorney. In the district court the plaintiff relied on the existence of certain pleaded facts which the defendant denied. Evidence was introduced by both parties bearing upon the issues thus joined. The result was a conflict in the evidence, essential portions of which were oral. The journal of the court discloses that it determined the issues in the following manner:</p> <p>“And the evidence being heard and the arguments of counsel, and the Court being fully advised doth find for the defendant on the issues joined.”</p> <p>Held, this finding is a finding against the existence of the disputed facts, which this court, on appeal, is obliged to accept as true so long as the record remains in its present form; and such record can not be impeached by an affidavit of the plaintiff’s attorney contradicting it, filed in this court in connection with a petition for a rehearing.</p>