McCready v. Crane

Citations

• 74 Kan. 710
• 88 P. 748
• 1906 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Incompetent—Trial to Court — Reversal of Judgment. A judgment rendered in a case heard without the intervention, of a jury will not be reversed on account of the admission' of incompetent evidence, unless the record discloses that there was no competent evidence to support it or in some other way shows affirmatively that the improper evidence affected the result.</p> <p>2. Pleading — Negative Pregnant — Construction — Immaterial Error. Where a pleading by reason of being in the form of a negative pregnant is technically to be construed as an admission of certain material facts, the refusal of the trial court to giv.e it that construction in a case decided after a full trial upon the merits is not a ground for reversing a judgment where the losing party suffers no injury thereby further than in being deprived of the benefit of such admission.</p>