Legal Opinion

German American National Bank v. Thomson

Court of Appeals of Kansas

Decided December 12, 1896No. 114Published

Error from Marshall District Court. Hon. R. B. Spilman, Judge.

1Opinion of the CourtGilkeson, P. J.

The issues in this case are purely of fact, and having been passed upon by the court upon a full and fair hearing will not be disturbed.

“ Where a case is tried by the court, and a general finding is made in favor of the defendants, and no special findings are requested or made, the general finding includes every material fact necessary to sustain a judgment based upon such finding ; and where there is some evidence to support the general finding and judgment, they will not be disturbed.” Kirwan v. National Bank, 2 Kan. App. 687 ; quoting Mushrush v. Zarker, 48 Kan. 382.

2Cases cited2 opinions

  1. Mushrush v. ZarkerSupreme Court of Kansas · 1892
  2. Kirwan v. United States National BankCourt of Appeals of Kansas · 1896