36 Kan. 688 | Kan. | 1887
The opinion of the court was delivered by
The first claim of error in this case is the introduction in evidence of the deposition of J. B. Smith. This was at the trial, and the objection to the evidence and the exception taken are as follows:
“To the introduction of said deposition and the evidence*691 therein contained, and to each and every part thereof, the said plaintiff at the time objected, on the ground and for the reason that the same was incompetent and irrelevant; which objection was by the court overruled; to which ruling of the court the said plaintiff at the time duly excepted.”
The next claim of error is, that the court below erred in refusing to grant a new trial upon the ground of newly-discovered evidence. Now it does not appear that there was any newly-discovered evidence; on the contrary, the evidence offered as newly-discovered evidence was not newly discovered, and was merely cumulative and principally to impeach the evidence of one of the defendants.
The judgment of the court below will be affirmed.