Young v. Irwin

Citations

• 70 Kan. 796
• 79 P. 678
• 1905 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court —Contents of Case-made. Before-an assignment of error resting upon an examination of the evidence can be considered the record must show that all the evidence has been preserved, and while the better practice requires this to be done by a specific recital to that effect such an allegation is not essential. Other recitals embracing a continuous narrative from which it fairly appears that all the evidence has-been preserved will be held sufficient.</p> <p>2. Practice, District Court — Province of Jury. It is the province of a jury to reconcile conflicting evidence, and in so doing they may call into exercise their own experience and general knowledge.</p> <p>3. - Conflicting Testimony Reconciled by Jury. In a case where the weight of a lot of hogs was in controversy two witnesses testified differently about it, and the verdict conformed, to the estimate of neither. Held, that the fact does not present a case of a verdict not sustained by the evidence, but one where conflicting testimony has been reconciled.</p>