State ex rel. Beals v. City of Stafford

Citations

• 99 Kan. 265
• 161 P. 657
• 1916 Kan. LEXIS 519

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Judgment Affirmed — Mandate Recorded — Correction of. Journal Entry — Power of Trial Court. After the expiration of the term at which a judgment was rendered, and after that judgment has been affirmed in the supreme court, the trial court, on personal knowledge of what took place at the time the judgment was rendered, has power to correct the journal entry so as to make it correctly recite the judgment that was actually rendered.</p> <p>2. Same — Decision on Appeal — What Issues are Determined. Where, after a judgment has been affirmed by this court on appeal, the journal entry of that judgment is corrected so as to make the journal entry recite the judgment that was rendered, all questions that could have been presented on that appeal are concluded, even though the corrected journal entry recites a judgment different from that set out in the original journal entry.</p> <p>3. Money Judgment — Proper Party Plaintiff. Quiere: Can the state recover personal judgment against those who wrongfully obtain money from a municipal corporation where none of the money belongs to the state?</p>