Phares v. Krhut

Citations

• 76 Kan. 238
• 91 P. 52
• 1907 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Misconduct of the Prevailing Party. “Misconduct of the prevailing party” as ground for a new trial is not confined to something occurring at the trial. It may include acts amounting to misconduct which, though occurring before, operate at the trial.</p> <p>2. - Fraud In Drawing the Jury — Burden of Proving Prejudice. Where, after a trial, evidence is produced which arouses well-grounded suspicion that the prevailing party may have exercised an unlawful and corrupt interference with the selection and drawing of the jury, it is the duty of the court promptly to set aside the verdict and order a new trial, without proof that the rights of the other party have been materially affected by such misconduct.</p> <p>3. -Evidence of Misconduct. The evidence in support of the motion for a new trial in this case upon the ground of' misconduct of the prevailing party examined, and held sufficient to require the court to set the verdict aside and order-another trial.</p>