Barney v. Dudley
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by Anna C. Barney against Guilford Dudley and William C. Eioing, to recover the value of an insurance policy on the life of her husband, John W. Barney, and payable to her at his death, which policy she alleged that the defendants had unlawfully and wrongfully converted to their own use. Trial at the April term, 1885. The jury returned a verdict for the plaintiff for $1,500, and made special findings of fact.
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Error from Shawnee District Court. Action brought by Anna C. Barney against Guilford Dudley and William C. Eioing, to recover the value of an insurance policy on the life of her husband, John W. Barney, and payable to her at his death, which policy she alleged that the defendants had unlawfully and wrongfully converted to their own use. Trial at the April term, 1885. The jury returned a verdict for the plaintiff for $1,500, and made special findings of fact. Thereupon the defendants filed their motion for a new trial, for the following reasons: “1. Irregularity in the proceedings of the…
1Opinion of the Court
Opinion by
ClogstoN, C.:
This action is brought to this court for the purpose of reviewing an order of the district court of Shawnee county granting the defendants in error a new trial. The record shows that at the hearing of the motion for a new trial no special findings were made by the court, and nothing is stated in the record showing upon what grounds the court granted the defendants a new trial. Several errors are suggested by the defendants upon which they allege the court might have granted said motion; among which is an instruction given by the court to the jury, which is as follows:
“…
2Cases cited1 opinion
- City of Sedan v. ChurchSupreme Court of Kansas · 1883
3Cited by9 opinions
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