Washington National Bank v. Myers

Citations

• 104 Kan. 526
• 180 P. 268
• 1919 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Award of Arbitrators- — Proceedings Thereon. There was nothing pleaded or shown to impeach the award oí the arbitrators set up by the plaintiff.</p> <p>2. Same. It was not error to take the date of the note in controversy as the starting place for the introduction of evidence.</p> <p>3. Same — Pleadings—Election pf Cause of Action. It was not error to deny the defendant’s motion to require the plaintiff to elect as to its causes of action.</p> <p>4. Same — Appointment of Referee Discretionary. The appointment of a referee is not mandatory, but discretionary, and the trial court did not abuse its discretion by refusing to appoint.</p> <p>5. Same — New Trial — Rejected Evidence Not Produced — Not Reviewable. The rejected evidence was not produced on the hearing of the motion for a new trial, and for that reason, if there were no other, it cannot be considered. (Civ. Code, § 307.)</p>