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68 Kan. 819

Warner v. Overton

Supreme Court of Kansas

Decided February 6, 1904

Supreme Court of Kansas · decided 1904-02-06

<p>Error from Hamilton district court; William Easton Hutchison, judge.</p>

Cited by 2 later decisions — most recently December 1907

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1904-02-06

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Per Ouriam:

¶1No error was committed in refusing the c'hange of venue. There was little in the testimony tending to prove local prejudice or that a fair and impartial trial could not be had in Hamilton county. At least, it cannot be said that the court abused its discretion in denying the application.

¶2There is sufficient proof of the ownership of the cattle by Earlie Overton to sustain the findings and judgment.

¶3There was no such confusion of theories in the case as to give any good reason for complaint, nor do we find anything, material in the objections to rulings on testimony. The case was fairly submitted on the instructions, and the judgment will be affirmed.

Mason, J., not sitting, having been of counsel.
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