Smith v. Lundy

Citations

• 103 Kan. 207
• 173 P. 275
• 1918 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Motion for Judgment on Pleadings — Motion Denied— Appeal Too Late. A motion ior judgment on the pleadings invokes the trial court’s judgment and decision on pleaded and undisputed facts, and an appeal from such decision must be taken within six months; otherwise, the supreme court is without jurisdiction to review any error involved therein. (Civ. Code, § 572.)</p> <p>2. Same — Question of Law — Time for Taking Appeal Thereon. The filing of a motion for a new trial and its pendency for several months in the trial court does i)ot extend the time provided by the code for the taking of an appeal which only seeks a review of a.question of law.</p>