State ex rel. Brown v. Lyons

Citations

• 106 Kan. 860
• 189 P. 976
• 1920 Kan. LEXIS 671

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Illegitimate Children — Motion to Vacate Money Judgment — Minor Defendant — Appointment of Guardian ad Litem. On a motion to vacate a money judgment against a minor in a bastardy proceeding, the trial court’s finding that no formal request was made for the appointment of a guardian ad-litem is conclusive on appeal when such finding is based upon positive though controverted evidence.</p> <p>2. Same — Second Appeal — Matters Reviewable. When a cause is tried and determined in the trial court, and is appealed to the supreme court on such assignment of errors as the appellant chooses to present, none of the matters considered by this court, or which this court could have considered if then presented, will be reviewed on an appeal from a subsequent ruling of the trial court on a motion to vacate the judgment, when to do so would be tantamount to the granting of a rehearing on the original appeal a year after the supreme court had fully and finally disposed of it.</p>