Hardy v. Curry

Citations

• 75 Kan. 92
• 89 P. 19
• 1907 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Transcript of Evidence — Certificate of Stenographer. The certificate of the stenographer to a transcript of the evidence prepared under section 1 of chapter 320 of the Laws of 1905 is not ineffectual, and the transcript will not he invalid merely because such certificate- ' does not immediately follow the recital of the evidence in the record.</p> <p>2. - Service of Transcript. The provision of that act that the case-made shall be served upon opposing parties within ten days after judgment is rendered unless an extension of time is granted does not apply to a transcript.</p> <p>3. Sale — Warranty—General Verdict and Special Findings Inconsistent. In an action to recover for a machine sold upon a warranty, it is held, that the special findings of the jury with respect to the performance of the conditions of the contract between the parties are inconsistent with the general verdict and the judgment.</p>