Warner v. Overton

Supreme Court of Kansas

Warner v. Overton

75 P. 1134, 68 Kan. 819, 1904 Kan. LEXIS 189

CourtSupreme Court of Kansas

DecidedFebruary 6, 1904

DocketNo. 13,489

StatusPublished

This text of 75 P. 1134 (Warner v. Overton) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warner v. Overton, 75 P. 1134, 68 Kan. 819, 1904 Kan. LEXIS 189 (kan 1904).

Pincite

Opinion

Per Ouriam:

No error was committed in refusing the c'hange of venue. There was little in the testimony tending to prove local prejudice or that a fair and impartial trial could not be had in Hamilton county. At least, it cannot be said that the court abused its discretion in denying the application.

There is sufficient proof of the ownership of the cattle by Earlie Overton to sustain the findings and judgment.

There was no such confusion of theories in the case as to give any good reason for complaint, nor do we find anything, material in the objections to rulings on testimony. The case was fairly submitted on the instructions, and the judgment will be affirmed.

Mason, J., not sitting, having been of counsel.

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Per Ouriam:

No error was committed in refusing the c'hange of venue. There was little in the testimony tending to prove local prejudice or that a fair and impartial trial could not be had in Hamilton county. At least, it cannot be said that the court abused its discretion in denying the application.

There is sufficient proof of the ownership of the cattle by Earlie Overton to sustain the findings and judgment.

There was no such confusion of theories in the case as to give any good reason for complaint, nor do we find anything, material in the objections to rulings on testimony. The case was fairly submitted on the instructions, and the judgment will be affirmed.

Mason, J., not sitting, having been of counsel.

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Bluebook (online)

75 P. 1134, 68 Kan. 819, 1904 Kan. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-overton-kan-1904.