Suit v. Gibson

Citations

• 106 Kan. 666
• 189 P. 144
• 1920 Kan. LEXIS 626

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Qualification of Jurors. A remark by a juror that the defendant’s counsel would not let him sit in the case because he had joined in an adverse verdict in another case did not indicate prejudice against counsel or constitute misconduct on the part of such juror.</p> <p>2. Same — Recovery of Money — Fraud—Instructions. Under a clear charge of willful fraud it was proper for the court to instruct on the question of fraud.</p> <p>3. Same — No Passion or Prejudice of Jury. Nothing is found in the record to indicate passion or prejudice on the part of the jury.</p> <p>4. Reference — Right to Have Reference. The code provision (Civ. Code, § 299) for the appointment of a referee in cases involving accounts does not make such appointment mandatory, and it was not error to refuse such appointment in this case.</p>