Brewster v. Hall

Decided July 15, 1873

Supreme Court of Kansas · decided 1873-07-15

Error from Bourbon District Court, Action upon a due-bill (non-negotiable,) given by Brewster to Dimon & Swasa, and by them indorsed to Hall. The defense was, that payment had been made to D. & S., by sale and conveyance of certain real property, pursuant to a contract made between defendant and D. & S., of which contract said due-bill was a part. The action was commenced before a justice in Cherokee count-y, and removed to the district court of that county by appeal.

Decided 1873-07-15

¶1The opinion of the court was delivered by

Brewer, J.:

¶2The error complained of in this case is, that the judgment ivas “contrary to the facts and the evidence.” The case was tried by the court, without a jury, a general finding made in favor of the defendant in error, and no motion for a new trial. The evidence ivas conflicting; but there was clear, positive, and unequivocal testimony supporting the findings. Under such circumstances it is well settled that this court will not disturb the judgment entered by the district court: Carson v. Kerr, 7 Kas., 268; Major v. Major, 2 Kas., 337; Lacy v. Dunn, 5 Kas., 567; Ulrich v. Ulrich, 8 Kas., 402; Ruth & King v. Ford, 9 Kas., 17; Brumbaugh v. Schmidt, 9 Kas., 117; Hyde v. Bledsoe, 9 Kas., 399. The judgment of the district court is affirmed.

All the Justices concurring.