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Warner v. Overton

J. A. Warner, Sheriff, etc. v. Earlie Overton

Warner v. Overton, 75 P. 1134 (Kan. 1904)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
February 6, 1904
Docket
No. 13,489
Judges
Been, Counsel, Mason
Citations
75 P. 113468 Kan. 8191904 Kan. LEXIS 189
Disposition
Affirmed.
Summary
Error from Hamilton district court; William Easton Hutchison, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Ouriam:

No 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.

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

There 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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