Vickers v. Buck Stove & Range Co.

Citations

• 65 Kan. 97
• 68 P. 1081
• 1902 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Jury in Equity Oases. While in equity eases the court is not bound to submit the issues to a jury, and while, if such submission should be made, the jury’s findings are only advisory to the court and may be disregarded, yet, if such submission should be made in all respects as though the jury were to be the ultra ite triers of the facts, but the court should thereafter determine to disregard the findings and render judgment in opposition to them, it should allow the party against whom such determination is made to be heard before it as a court, in all particulars in which a trial to the court differs from a trial to the jury, and in which the presentation to the jury could not be made effective as a presentation to the court.</p>