Sheahan v. United States Fidelity & Guaranty Co.

Citations

• 99 Kan. 704

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contractor- — Indemnity Bond — Petition—Mistake—Clerical Error— Demurrer. In an action to recover on a contractor’s surety bond, in which the petition plainly alleged that a stated balance was due for materials furnished to the contractor, a simple and obvious clerical error as to the amount already paid on the account whereby a mere quibble might be raised that no balance whatever was due, does not render the petition subject to demurrer.</p> <p>2. Pleadings — Clerical Errors — Disregarded or Considered as Amended. An obvious clerical error in a petition may be disregarded, or it may be considered as amended without formality.</p> <p>3. Jurisdiction — Pleadings'—Amendments After Appeal. While a trial court never loses jurisdiction to correct or amend its record to make it speak the truth and to chronicle the history of a cause tried before it, yet when an appeal is taken from its decision it has no jurisdiction to permit any amendment to the pleadings or to alter the real situation of the parties as it existed at the time its judgment was rendered.</p>