Amsden Lumber Co. v. American Surety Co.

While I acquiesce in the foregoing decision, the opinion seems open to the deduction that a mere preponderance of evidence is sufficient to support a judgment in any and all civil cases. That is merely the ordinary rule. In our own reports are many cases where it was declared or recognized that a mere preponderance of evidence was not enough, and where clear, decisive and satisfactory proof was required to support the judgment. A few of these are: Long v. Duncan, 10 Kan. 294; Baldwin v. Baldwin, 73 Kan. 39, 84 Pac. 568; Anderson v. Anderson, 75 Kan. 117, 88 Pac. 742; Wooddell v. Allbrecht, 80…