Howard v. Carter

Citations

• 71 Kan. 85
• 80 P. 61
• 1905 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Extension of Time for Serving Case-made. Under the provisions of chapter 380, Laws of 1903, the time for serving a case-made may be extended upon the oral request or motion of a party desiring it. If such request, or motion, he made at the time of the rendition of the judgment, and such extension of time be then granted by an order embodied in the journal entry of the judgment, this is a sufficient compliance with the requirement that such notice, or order, be filed with the clerk of the court. If the order of extension of time be made subsequently to the entry of judgment it must be filed with the clerk.</p> <p>2. Practice, District Court — Objection to Introduction of Evidence. An objection to the introduction of evidence under a petition, the principal object of which is to set aside a deed to property of which the plaintiff is not in possession, alleged to have been procured by undue influence, is properly overruled notwithstanding the fact that a prayer for partition is joined with that for other relief.</p> <p>3. - Practice Not to be Encouraged. The practice of questioning the sufficiency of a petition by an objection to the introduction of evidence thereunder is not to be encouraged, and such objection should be overruled if, upon any fair construction of the petition, any cause of action be stated.</p> <p>4. Limitation op Actions — Persons Insane, Weak-minded, and Unduly Influenced. The statute of limitations will not run in favor of a person claiming under a deed made by one mentally unsound, or by one mentally weak, and under the undue influence of the grantee, while such conditions exist.</p> <p>5. Fraud — Pleading and Proof. General averments of fraud contained in a petition are sufficient as against an objection to the introduction of evidence under such petition.</p> <p>6. Insane Persons — Non-expert Witness. A non-expert witness may give his judgment as to the sane or insane state of anothe