Emery v. Bennett

Citations

• 97 Kan. 490
• 155 P. 1075
• 1916 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Pleadings — Waiver of Verification of Answer. Although section 110 of the civil code requires that the answer to a petition in an action founded on a written instruument for the unconditional payment of money shall be verified, the verification is waived wh'en the plaintiff joins issue on the answer, introduces evidence contradicting such defense, and asks instructions covering his theory of the law pertaining thereto.</p> <p>2. Trial — Objection to Pleadings Must be Specific — Duty of Attorneys. The duty of an attorney as an officer of the court is to assist the court in arriving at a just and lawful conclusion and judgment in every cause; and when he has a proper objection to the pleadings or proeeedings, he should point out clearly and specifically the grounds for his objection; and when he fails to make it with such clearness and precision that the court can understand it, he will ordinarily be held to have waived his objection. — Following Riverside v. Bailey, 82 Kan. 429, 431, 108 Pac. 796.</p> <p>3. Appeal — Affidavit of Trial Judge — No Part of Record. It is not proper for a trial judge, by his personal affidavit, to supplement the record of what did or did not transpire in the trial of a cause before him.</p>