Sovereign Camp v. Thiebaud

Citations

• 65 Kan. 332
• 69 P. 348
• 1902 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — New Trial — Discretion of Court. The discretion committed to a trial court to' set aside a verdict of a jury and grant a new trial is a legal and not an arbitrary one, and does not exist unless authorized by law or established precedent.</p> <p>2. - Uncontradicted Evidence — New Trial. The uncontradicted evidence in this case all points to but one rational conclusion of fact, the one found by the verdict of the jury. The motion for a new trial was based upon the ground that the verdict was not sustained by sufficient evidence. Held, that it was error for the trial court to set aside the verdict and grant a new trial.</p>