Shuler v. Lashhorn

Citations

• 67 Kan. 694
• 74 P. 264
• 1903 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Authority upon Review. In a proceeding in error from a district court, this court has no authority to make findings of fact or to canvass the evidence for that purpose. Its function is to review alleged errors.</p> <p>2. Findings op Fact — Duty of Trial Court. Upon the trial of a question of fact by the district court, it is its duty, upon request, to find the material facts established by the evidence, so that exceptions may be taken to its views of the law involved in the trial. Error in this respect will not be presumed, but must be affirmatively shown.</p> <p>3. -Request and Refused — New Trial. If, upon the trial of a question of fact by the district court, material facts have been proved but not found, the district court should be requested, before any motion for a new trial, to modify the findings made to include the additional facts, or to make further findings covering such facts; and only in the event of a refusal of the court to make the correction or to 'supply the omission does ground for a new trial exist.</p> <p>4. -Presumption upon Review. If, upon the trial of a</p> <p>question of fact by the district court, findings of facts are made, and such findings are not assailed in the .district court as incomplete or incomprehensive, it will be presumed by this court that they embrace all the facts of the controvesy established by the proof.</p> <p>5. -Assignments of Error. Assignments of error involving radical assumptions of fact not embraced in the special findings of fact made by the trial court will not be considered.</p>