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· 7/6/1912

Munn v. Gordon

Citations

  • 87 Kan. 519
  • 125 P. 7
  • 1912 Kan. LEXIS 185

Syllabus

<p>SYLLABUS'BY THE COURT.</p> <p>1. Pleadings — Judgment—Estoppel—Evidence. A judgment pleaded as >n estoppel is admissible in evidence although an appeal therefrom is pending and execution of the judgment is stayed</p> <p>2. -¡¿ame. The reversal of the judgment afterward is not a ground for reversing a judgment rendered in the action in which the first judgment was admitted in evidence, where another =trial of the action in which it was rendered has resulted in the same judgment.</p> <p>3. Equitable Action — Findings of Jury — Advisory only. In an action where the findings of. a jury are only advisory, and the court' has made independent findings upon the same issues, upon the same evidence, and rendered judgment thereon, any error in refusing further instructions relating to, the burden . of: proof is immaterial.</p>

Judges: Benson

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