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103 Kan. 823

Comerford v. Groves

Supreme Court of Kansas

Decided December 7, 1918

Supreme Court of Kansas · decided 1918-12-07

<p>Appeal from Wyandotte district court, division No. 2; Frank D. Hutchings, judge.</p>

Cited by 2 later decisions — most recently December 1937

2 state decisions

Relies on Kelley & Lysle Milling Co. v. Schreiber · Northrup National Bank v. Webster Refining Co. · Smith v. Harris

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-12-07

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¶1The opinion of the court was delivered by

WEST, J.-

¶2This case involves 15 years’ dealing between the plaintiff and the defendants, all of which was carefully gone over by the referee whose report was approved by -the trial court and judgment entered thereon for the plaintiff.

¶3The defendants, in their appeal, claim that the evidence showed a mutual mistake touching certain credits, and that they should be held to have paid more than the amount indicated by the verdict; but these are matters of fact considered by the referee and concluded by his approved report. (Smith v. Harris, 88 Kan. 226, 128 Pac. 378.)

¶4Besides, no motion for a new trial was filed, and hence no error not apparent on the face of the record can be considered, and none appears. (Bank v. Refining Co., 89 Kan. 738, 132 Pac. 832; Milling Co. v. Schreiber, 102 Kan. 172, 174, 169 Pac. 222.)

¶5The judgment is affirmed.

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