Sexson v. Gladhart

Citations

• 99 Kan. 277
• 161 P. 665

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Appeal prom Justice op Peace — Motion to Dismiss Appeal — Hearing Postponed — No Journal Entry — Jurisdiction Not Lost. A motion to dismiss an appeal to the district court for want of jurisdiction was heard in May, 1914, oral and documentary evidence being produced. No journal entry of the proceedings, or of any ruling on the motion made at the time, is disclosed. The record does show that at a subsequent term of court held in May, 1915, the court decided the question presented by the motion, held that it had jurisdiction of the appeal, and continued the cause. The parties dispute about what occurred. On one side it is said the motion to dismiss was sustained and the appeal was dismissed in May, 1914, On the other side it is said the motion was sustained, but the ruling was vacated on the same day and leave was given to file briefs. Held, the record is conclusive, and does not sustain the claim that the court was without jurisdiction to rule on the motion in May, 1915.</p>