Smith, Carey & Co. v. Atchison Live Stock Co.

Citations

• 90 Kan. 258
• 133 P. 723
• 1913 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Order for Inspection of Books — Facts to be Shown on Application. To entitle a party to an order under section 365 of the code of civil procedure it is necessary for him to produce evidence not only that he has given the opposite party notice of the application but also that the book, paper or document is in existence.</p> <p>2. - Same. Although the allowance of such order without • evidence of such fact or facts constitutes reviewable error, such error becomes not prejudicial when the party who procures the order does not, on the trial, rely upon affidavits to prove the contents of the book, paper or document, but- produces the evidence of competent witnesses to prove both the existence and the contents of-such book, paper or document..</p>