Lowe v. Neu

Citations

• 108 Kan. 93
• 194 P. 313
• 1920 Kan. LEXIS 561

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial Granted — No Appeal Taken. There being no appeal from a ruling- setting aside a verdict in a former trial, the proceedings in that trial have no place in the abstract.</p> <p>2. Promissory Note — Trial—Verdict Defective in Form — Correction, by Trial Court. In an action on a promissory note, it is held that the action of the court in correcting the verdict to include interest, and in accordance with the instructions, was proper under the provisions of section 293 of the code (Gen. Stat. 1915, § 7193), which authorizes the court with the assent of the jury, to correct a verdict which is defective in form only.</p> <p>3. Same — Amendment of Pleadings — Judicial Discretion. An amendment to the pleadings to conform to the proof held not to be an abuse of discretion.</p>