Schallehn v. Hibbard

Citations

• 64 Kan. 601
• 66 P. 241
• 1902 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Case-made — Presumption of Law. Where the record'is silent, all reasonable presumptions must be indulged in to uphold the judgment of a trial court.</p> <p>2. Motion eor New Trial — Presumption of Law. The failure to file a motion for a new trial within three days from the rendition of the verdict or decision, or within the term at which the same is rendered, may be excused by a showing that the party was unavoidably prevented from so doing; and where the trial court has taken up and considered such a motion, the record not showing affirmatively the reason for so doing, it will be presumed that sufficient excuse was shown upon the hearing why it was not filed within the time required by statute.</p> <p>3. Note and Mortgage — Proof of Delivery. The finding of a note and mortgage in the hands of the payee thereof is sufficient evidence, in the absence of any contrary showing, to warrant the conclusion of the court that the same had been delivered to the payee by the maker thereof.</p> <p>4. -Execution Denied — Finding Sufficient. A finding of a trial court that a note and mortgage, on which the action was founded and which were found in the possession of the plaintiff, were “identified,” is sufficient on which to base thereon a judgment where the execution of such note and mortgage had been denied by the defendant'under oath.</p>