Opinion

Brown v. Johnson

  • 14 Kan. 377
Court
Supreme Court of Kansas
Filed
Jan 15, 1875
Status
Published
Author
Valentine
On the bench
Brewer, Kingman, Valentine
Cited by
11 cases

The opinion

Valentine, J.:

The decision of this case is perhaps correct, as this was an action in which the court below had the power to send any or all. the issues to a jury to be tried, or to try them itself, at its option; but I dissent from the proposition, stated as broadly as it is in the second paragraph of the syllabus. A judge ordinarily has no right upon demurrer to evidence to weigh conflicting testimony, or to take a case from the jury where there is any evidence to support each and all the issues in the case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.