(dissenting) : I dissent from paragraph 2 of the syllabus and that portion of the opinion which holds it to be unnecessary to produce excluded evidence on a motion for a new trial, as required by section 307 of the civil code. (Clark v. Morris, 88 Kan. 752, 129 Pac. 1195; Caldwell v. Modern Woodmen, 89 Kan. 11, 130 Pac. 642; Cheek v. Railway Co., 89 Kan. 247, 131 Pac. 617.)