State Insurance v. School District No. 19

Citations

• 66 Kan. 77
• 71 P. 272
• 1903 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Motion for New Trial — Assumption from Record. Where a motion for a new trial is made in time and at the regular term of court at which the trial was had, and the court hears, considers and overrules the motion after the expiration of such regular term and at a time when, by statute, a term of court might be in session in another county in the district, and it does not appear that objections were made at the time that it was being considered in vacation, this court will not assume that it was heard and determined in vacation, but will assume that it was heard, considered and overruled at an adjourned day of tlie regular term.</p> <p>2. Insurance Policy — Waiver of Proof of Loss. Under an insurance policy which provides that proof of loss shall be made within thirty days after loss, and such proof is not made or waived within that time, the company does not waive a compliance with such condition on the part of the assured by denying all liability under the policy after the expiration of such thirty days.</p>