Neosho Valley Investment Co. v. Hannum

Citations

• 63 Kan. 621
• 66 P. 631
• 1901 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court— Objection to Depositions. It is not error to overrule a motion to suppress a deposition when the motion does not clearly point out the objection thereto. An objection to a deposition, based upon the fact that the name of the officer taking it is not indorsed upon the envelope containing it, is not pointed out by an objection that the deposition was not sealed up by the officer taking it.</p> <p>2. Corporations — Ratification of Contract. The showing that a corporation carries out the provisions of a contract made on its behalf and receives benefits therefrom is sufficient proof that the execution of such contract was duly authorized by such corporation.</p> <p>3. Evidence — Records of Register's Office. The presumption that the original of a written instrument is not in the possession of one a stranger to it is sufficient, in the absence of other showing, to admit the record of such instrument, found in the books of the register of deeds’ office, to be read in evidence. (McLean v. Webster, 45 Kan. 644, 26 Pac. 10.)</p> <p>4. -Proof of Immaterial Fact. It is not error for a trial court to refuse to admit proof of a fact which does not tend to prove or disprove any matter in controversy.</p>