Smith v. Scully

Citations

• 66 Kan. 139
• 71 P. 249
• 1903 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Reference. A compulsory reference may be made of a case, which requires an examination of mutual accounts between the contending parties.</p> <p>2. -:— Claim of Settlement will not Prevent Reference. The fact that one of the parties to the account claims that some of the items embraced in it have been settled, which claim the other denies, will not prevent a referebce and determination of all the dealings with one another, including any incidental settlements of portions of the account.</p> <p>3. Landlord and Tenant — Tax-roll as Evidence. The tax-roll completed by the county clerk'and placed in the hands of the county treasurer for the collection of taxes is competent evidence in a controversy between landlord and tenant to show the amount of the taxes levied on leased lands, which the tenant had agreed to pay.</p> <p>4. Evidence —Transcribed Testimony of Witness at Former Trial. Testimony given on a former trial by a witness who afterward removed to another state, and is beyond the jurisdiction of the court, may be received in evidence, and, where it was taken by the official stenographer who had made and placed a transcript of his notes in a case-made for review, it may be shown by such transcript where the official stenographer testifies that he has examined the transcript and found it to be a correct and true translation of the evidence given by the witness.</p>