Farmers & Merchants National Bank v. Wright

Citations

• 98 Kan. 248
• 157 P. 1178
• 1916 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>New Trial — Granted at Chambers — Order Granting New Trial Set Aside at Subsequent Term — Jurisdiction. A motion for a new trial was by consent heard after the close of the term, at chambers in another county than the one where the judgment was rendered, and granted. Several months thereafter a motion to vacate the order granting a new trial, setting up false and fraudulent testimony, lack of diligence, deception practiced upon the judge and assault by one of plaintiff’s witnesses upon one of the defendant’s attorneys, was filed and sustained. Held, that the granting of the new trial was proper under section 306 of the civil code, and that thenceforth, the case being properly on the docket, the court had jurisdiction to make orders therein, including the one complained of.</p>