Noll v. Ellerman

Citations

• 96 Kan. 675
• 153 P. 492
• 1915 Kan. LEXIS 463

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespassing Live Stock — Partition Fence — Outside Issue — No Prejudicial Error in Record. The plaintiff sued for damages alleged to have been done by trespassing live stock. The jury found for the defendants. The pleadings contained nothing to indicate any other subject or object of the controversy. A volume of evidence was introduced and the case was tried as one involving a partition fence. Held, that as no error respecting the pleaded contention is shown, the record will not be exhaustively scrutinized to ascertain whether or not some outside issue was tried according to legal rules, such examination as the situation justifies failing to disclose prejudicial error.</p> <p>2. Appeal — Failure to Award Nominal Damages. Rule followed that a reversal will not be ordered for failure to award nominal damages. .</p>