Glover v. Ratcliff

Citations

• 69 Kan. 428
• 77 P. 89

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court—(Time for Filing Motion for New Trial. Unless it fall within the statutory exceptions to the rule, an application for a new trial must be made at the term the verdict, report or decision is rendered; but where the motion has been under consideration by the court and its final consideration continued until the next term, it will be considered filed in time, even though, as a matter of fact, it did not come to the hands of the clerk until a few .moments after the announcement of the adjournment for the term was made.</p> <p>2. -^ Motion Should Have Been Treated as Filed in Time. Under the circumstances of this case the time shown to have elapsed between the announcement of the final adjournment of the term of court and the filing of the motion for a new trial might well have been disregarded, and the motion treated as though filed before such announcement.</p> <p>3. Practice, Supreme Court—Presumption upon Review of Order Granting Jfew Trial. Where a motion for a new trial, based upon a number of grounds, has been allowed, and the record does not show upon what particular ground it was granted, the ruling of the court will not be reversed where it can be sustained upon any ground assigned.</p>