S. Rosenfeld Co. v. Gleed

Citations

• 110 Kan. 75
• 202 P. 611
• 1921 Kan. LEXIS 166

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Trial — Demurrer to Evidence• — Court Cannot Weigh Conflicting Evidence. The rule that on a demurrer to the evidence the- court cari take into consideration only those facts and inferences of fact which are favorable to the other party and cann'ot consider thé evidence of the demurring party which tends to-break .down the case of the party resisting the demurrer, is applied to the evidence offered in support of a cross-petition, and held,' that it was error to sustain the plaintiff’s demurrer. (Can Co. v. Boss, 72 Kan. 669, 83 Pac. 616; Kerr v. Kerr, 85 Kan. 460, 116 Pac. 880.)</p>