Alexander v. Clarkson

Citations

• 96 Kan. 174
• 150 P. 576
• 1915 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Action for Accounting — Report of Referee — Final Judgment — Approval of Journal Entry Taken under Advisement — • Motion for New Trial Filed Too Late. In a suit for a partnership accounting the referee found the facts and conclusions of law, which included the terms of an accounting and recommended the kind of a final decree to be rendered. On June 16, 1913, the court overruled the exceptions of both parties to the report and confirmed the report in every particular, but retained jurisdiction of tlje cause until a sale of certain property provided for in the decree could be had-and the proceeds thereof credited to the accounts of the partners according to their proportionate shares as stated in the decree. After the sale had been confirmed, and on the 19th day of September, 1913, the court rendered final judgment as recommended by the referee and ordered “that a decree be prepared to take effect as of this 19th day of September, 1913, in accordance with the terms of the report of the referee heretofore made and approved.” Nothing remained to be done except to approve a journal entry, which was' not done until March 6, 1914, at which time the order approving the journal entry recited that the judgment “be and it is hereby made and entered as of September 19, 1913.” No motion for a new trial was filed until the 7th day of March, 1914. Held, that the motion was filed too late.</p> <p>2. Same — Exceptions to Report of Referee• — Not a Motion for New Trial. The filing of exceptions to the report of the referee and the renewal of them before the court can not be regarded as a motion for a new trial and will not entitle the defeated party to a review of a judgment based upon the report of the referee.</p> <p>3. Same — Supplemental Pleadings — Within Discretion of Court. The rule that an order allowing or refusing to permit the filing of supplemental pleadings rests in the ‘ discretion of the court and will not be disturbed