Smart v. Mayer

Citations

• 103 Kan. 366
• 175 P. 159
• 1918 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Special Questions — Indefinite Answers. The refusal to require the jury to answer a special question already answered “We do not know,” does not constitute or amount to a withdrawal of such question.</p> <p>2. Same — Indefinite Answers to Special Questions — Duty of Court. Although it is the duty of the court on request of either party to require such an answer to be made directly responsive to the question, the party who does not make or join in such request cannot, by merely excepting, he heard to complain of such refusal.</p> <p>S. Same — Special Findings — Motion for Judgment Denied — -Motion for Mew Trial Granted — Appeal. The jury found a general verdict for the plaintiff and answered four special questions “We do not know,” which answers were in effect adverse to the plaintiff. The. defendants on the same day filed a motion for judgment on the findings and a motion for a new trial, and on a later day the former was denied and the latter granted. Held, that there remains no final judgment or order from which the defendants can appeal.</p>