Treiber v. McCormack

Citations

• 90 Kan. 675
• 136 P. 268
• 1913 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Witnesses — Husband and Wife — For or Against Each Other. The husband and wife are competent witnesses for or against each other concerning transactions in which one acted as the agent of the other, notwithstanding the fact that in the revision of the code (§321) there is no express provision to that effect.</p> <p>2. Motion for New Trial — When Unnecessary to Set Forth Ex-eluded Evidence. Section 307 of the civil code, providing that where the ground of a motion for a new trial is the exclusion of evidence, such evidence shall be produced at the hearing, is held not to apply where it appears from the testimony of the witnesses themselves given at the trial what the evidence would have been had it not been excluded.</p>