Scott v. King

Citations

• 96 Kan. 561
• 152 P. 653
• 1915 Kan. LEXIS 435

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Amendment to Pleadings — Judicial Discretion. Rule followed that the allowance or refusal of belated amendments to pleadings is within the sound discretion of the trial court.</p> <p>2. Same — Findings on Conflicting Evidence Conclusive. Rule followed that the trial court’s findings of fact will not be disturbed on appeal when based upon substantial though conflicting testimony.</p> <p>3. Trial — No Error in Record. Suggestion of trial court’s abuse of discretion examined and found groundless.</p> <p>4. New Trial — Failure to Present Excluded Evidence in Motion. Rule followed that where excluded evidence is not brought forward and presented on motion for a new trial as prescribed by section 307 of the civil code, the denial of a new trial on account of such excluded evidencé is not error.</p>