Watson v. Watson

Citations

• 104 Kan. 578
• 180 P. 242
• 1919 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Antenuptial Contract — Evidence—Findings. The record is held to disclose evidence sufficient in kind and amount to support the conclusion reached by the trial court.</p> <p>2. Same — Evidence—Communications Made to Attorney. Certain evidence offered by the plaintiff was rejected because of the incompetency of the witness under section 321 of the civil code respecting things told an attorney by his client. The defendants had taken and filed, but had not used, the deposition of the witness. Held, a waiver of the claim'ed privilege.</p> <p>3. Same — Exclusion of Competent Evidence — No Prejudicial Error. In a trial before the court, the admission of incompetent testimony, or the exclusion of competent evidence which is cumulative in character, does not work a reversal unless the ruling appears to have furnished some basis for the court’s findings.</p> <p>4. Appeal — Matters Reviewable on Appeal. Save as to original proceedings of which the constitution gives this court jurisdiction, this is an appellate tribunal only, and cannot review matters which have not been presented to the trial court.</p> <p>5. Antenuptial Contract — When to be Upheld — When Burden of Proof is Cast upon the Husband. An antenuptial contract must be upheld unless some fraud, deceit or unreasonable inadequacy or disproportion appears. If the latter appear, the presumption of fraud is raised, and the burden is on the husband or those claiming under him to show that the wife was fully informed as to his property,</p> <p>6. Same — No Presumption of Fraud. The claimed inadequacy or disproportion in this case is held not to be so unreasonable as to raise the presumption of fraud.</p> <p>7. Same — Pleadings—Evidence—Contract Upheld. If the question of the - wife’s information touching the husband’s property had been sufficiently called to the attention of the trial court to justify an appeal on that point, the result reached should have been the same; and as it was no