Miller v. Miller

Citations

• 103 Kan. 102
• 172 P. 1010
• 1918 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1: Judgment — Motion to Correct Judgment Nune pro Tunc — Final Order — Appeal. An order refusing to consider a motion to correct a judgment nune pro tunc, and striking such motion from the files, is a final order from which an appeal is allowed by the civil code.</p> <p>2. Same — Motion to Correct Judgment — Technical Errors Disregarded. The provisions of the- code and the rules of court concerning the presentation of appeals must be read and applied in the light of section 581 of the code, which commands that mere technical errors and irregularities not affecting substantia] rights nor causing any uncertainty in the matter under review are to be disregarded.</p> <p>3. Same — Motion to Correct Judgment Should be Heard. Matters of evidence and estoppel which may be sufficient to defeat a motion to correct a judgment considered, and held insufficient to justify a refusal to consider the motion on its merits and insufficient to justify an order'to strike the motion from the files.</p>