Shores v. United Surety Co.

Citations

• 84 Kan. 592
• 114 P. 1062
• 1911 Kan. LEXIS 375

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parties — Real Party in Interest. The action was brought to recover upon a bond given under the provisions of the mechanic’s lien law for material furnished to a contractor for the erection of a school building. It is held that the evidence was sufficient to show that the plaintiff was the real party in interest.</p> <p>2. Instructions — Clause Similar to One Requested in Another Instruction — Immaterial Error. An instruction containing a clause objected to by the defendant, which is in substance the same as one contained in a request made by the defendant for another instruction, is examined and held to be not prejudicial ; but if it were, the defendant ought not to complain.</p> <p>3. New Trial — Newly Discovered Evidence. Newly discovered evidence, to afford a ground for a new trial, must, among other requirements, be of such'character and strength as would with reasonable probability have compelled a different decision if it had been introduced. (Sexton v. Lamb, 27 Kan. 432.)</p>