Warner v. Snook

Citations

• 102 Kan. 814
• 172 P. 521
• 1918 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Land — Islands—Findings of Jury■ — New Trial Granted — No Error. In an appeal from an order granting a new trial the appellant contends that the ruling was based solely on the ground that error was committed in giving a particular instruction. It is held that . upon the whole record it appears that the new trial was ordered because the trial judge disagreed with the jury in their view of the facts, and therefore the decision is not reviewable.</p> <p>2. Same. The fact that the trial cotirt in granting a new trial specifically and formally sets aside, as without any support in the evidence, only a part of the special findings which are attacked, and states that there was some evidence to support the others, does not necessarily show that such approval was given to the latter findings as to justify this court in ordering judgment on them, even if they would be in themselves, if regarded as establishing the facts to which they relate, conclusive of the rights of the parties.</p>