Jones v. Williamsburg City Fire Insurance

The opinion of the court was delivered by

Burch, J.:

At a former hearing of this appeal the judgment of the district court was affirmed on the ground that prejudicial error was not made to appear. (Jones v. Insurance Co., 83 Kan. 682.) A rehearing was allowed, and it is now urged that the method by which the former conclusion was reached amounted to a trial of the cause de novo in this court, and that the court is vested with no such power.

In the case of In re Burnette, 73 Kan. 609, it was expressly held that the court does not possess the power which it is claimed was exercised, and no such…