Keys v. Keys

Citations

• 83 Kan. 92
• 109 P. 985
• 1910 Kan. LEXIS 476

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Office and Officers — Judge Pro Tem. Continuing to Act after Death of District Judge — Orders Not Void. A district judge v/as unable on account of sickness to attend in a county of his district at a time fixed by statute for the opening of a term of court therein, and the members of the bar elected one of their number to act as judge pro tem. The sick judge died during the term, and the judge pro tem. continued thereafter to discharge the duties of judge, with the acquiescence of all the members of the bar, the court officers and litigants, for the entire term, and even decided a motion for a new trial which was continued by agreement of counsel to a time subsequent to the appointment and qualification of the judge appointed to fill the vacancy, the new judge having been notified thereof and failing to attend. Held, that the judge pro tem, was a de facto judge, acting under color of authority; that none of his judgments or orders as such is void, or subject to collateral attack.</p> <p>2. Practice, Supreme Court — Construction of Petition — Sufficiency of Evidence — Objections First Made on Review. When the sufficiency of a petition, and of the evidence in support of a judgment for the plaintiff thereunder, are attacked for the first time in this court, the petition will be liberally construed, and slight evidence will be held sufficient for the purpose of sustaining the judgment.</p>