Pasho v. Blitz

Citations

• 99 Kan. 421
• 162 P. 1161

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Incidents Transpiring in Trial Court — Effect for Determination of Trial Court. Where the grounds urged for a new trial are certain extraneous incidents transpiring in court concurrently with the trial which may have prejudiced the jury, the determination of the trial court thereon is ordinarily conclusive.</p> <p>2. New Trial — Cumulative Evidence. Rule followed that a new trial is not demandable as a matter of right on a showing of mere cumulative evidence adduced in support of the motion for a new trial.</p> <p>3. New Trial — Absent Witness — Diligence Required. Rule followed that where a new trial is sought on account of the absence of a material witness at the trial, diligence to ascertain the whereabouts of such witness and to secure her attendance must be shown.</p>