Graden v. Mais

Citations

• 83 Kan. 481
• 112 P. 107
• 1910 Kan. LEXIS 566

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Nunc Pro Tunc Entry — Time—Evidence. Where an order is made by a probate court, and through accident, mistake or neglect is not entered on the records, it is .competent for the court to enter such order nunc pro tunc, even after the lapse of considerable time, and upon any satisfactory evidence, parol as well as written.</p> <p>2. -Same. Lapse of time may call for closer scrutiny and stronger testimony showing that the order was in fact made and as to the nature and extent of the ruling, and also as to the effect the belated entry may have upon third parties; but when it is made by a court having the power to do so it must be respected and enforced the same as if it had been entered when it was made.</p>