Rindt v. Rohloff

Citations

• 96 Kan. 125
• 150 P. 520
• 1915 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Independent Action for New Trial — Competent Evidence for Consideration of the Court — Demurrer Properly Sustained. In an independent action under section 308 of the civil code to obtain a new trial the court properly considers the evidence given on the original trial, the affidavits and counter-affidavits relating to newly discovered evidence used on the hearing of a motion for a new trial in the original action as well as the evidence in support of the petition, and on the facts stated in the opinion it was not error to sustain a demurrer to the evidence.</p>