Court of Appeals of Kansas, 1896

German American National Bank v. Thomson

German American National Bank v. Thomson
Court of Appeals of Kansas · Decided December 12, 1896 · Gilkeson
5 Kan. App. 192; 47 P. 169; 1896 Kan. App. LEXIS 298

German American National Bank v. Thomson

Opinion of the Court

Gilkeson, P. J.

The issues in this case are purely of fact, and having been passed upon by the court upon a full and fair hearing will not be disturbed.

“ Where a case is tried by the court, and a general finding is made in favor of the defendants, and no special findings are requested or made, the general finding includes every material fact necessary to sustain a judgment based upon such finding ; and where there is some evidence to support the general finding and judgment, they will not be disturbed.” Kirwan v. National Bank, 2 Kan. App. 687 ; quoting Mushrush v. Zarker, 48 Kan. 382.

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