Christisen v. Bartlett

Citations

• 73 Kan. 401
• 84 P. 530
• 1906 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — District Court-^Correction of the Record. A district court has the power to correct the entry of a judgment so as to cause it to speak the truth after the expiration of the term at which it was rendered, and upon the personal knowledge of the judge of what took place in court at the time of its rendition.</p> <p>2. -Notice to the Parties. .Whether or not it is competent for a district court of its own motion, upon discovering that an error has been made in the entry of a judgment, to order a correction thereof without notice to a party affected, such want of notice cannot be made the basis of a complaint in this court by one who afterward filed a motion asking that the entry be restored to its original form, and was given a hearing upon the merits of such motion, the decision of which was against him.</p> <p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction — District Court — Correction of the Record. A district court has inherent power to correct the record of its proceedings so that it shall speak the truth and show what actually took place. This power is not lost by lapse of time, and may in the discretion of the court be exercised upon its own motion and without notice to the parties affected.</p>