Mechanics' Savings Bank v. Harding

Citations

• 65 Kan. 655
• 70 P. 655
• 1902 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Summons in Error. A summons in error, issued within time, may be served on the attorney of record in the original case notwithstanding it does not contain the name of such attorney, the same being sufficiently formal in all other respects.</p> <p>2. -Presumption as to Time of Filing Motion for New Trial. Where the record shows that the verdict was returned and judgment entered June 26, and on June 27 the motion for a new trial was filed, which was considered by the court and overruled, and there is nothing in the record indicating that the motion was not filed at the term at which the judgment was rendered, or that it was overruled because not so filed, this court will not presume that it was not filed at such term.</p> <p>3. -Petition in Error Filed Later than One Year. If a petition in error is not filed in this court within one year from the return of the verdict and the rendition of the judgment thereon, but is filed within one year from the time the motion for a new • trial was overruled, this court can only review such alleged errors as are involved in the motion for a new trial.</p> <p>á. -Error of Law Occurring at the Trial. An alleged error in overruling a demurrer to a petition is not an error of law occurring at the trial, and, therefore, cannot be reviewed by this court unless the petition in error was filed within one year from the rendition of the judgment.</p> <p>o. Evidence — Objection Must be Specific'. An objection to the introduction in evidence of an unauthenticated judgment, that it is incompetent, irrelevant, and immaterial, is not sufficiently specific to call the attention of the court to its defective certification or its entire want of certification, and it is not error for the court to overrule such objection.</p>