55 Kan. 60 | Kan. | 1895
The opinion of the court was delivered by
The Dodge City Water-Supply Company brought an action against the city of Dodge City to recover'for water supplied to the city, and also for the costs of relaying water-mains alleged to have been
The only question presented for review arises upon the ruling of the court refusing to entertain the motion for a new trial. Was such a motion authorized or necessary to a review? A new trial is only authorized at the end of a trial for the purpose of re-examining an issue of fact in the same court. (Civil Code, § 306.) The objection to the introduction of any evidence raised no issue of fact, and is not an uncommon method of challenging the sufficiency of a petition. When the objection was made the trial court was simply called upon to determine whether the petition contained facts sufficient to constitute a cause of ac