State v. Linderholm

Citations

• 90 Kan. 489
• 135 P. 564
• 1913 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Journal Entries — Duty of Clerk to Record all Judgments, Decrees and Orders of the Court. It is the duty of the clerk of the district court to keep a journal and to record thereon all judgments, decrees, and orders of the court. All that is necessary is that the journal recite correctly the judgment of the court, no matter how or from what source the clerk may have obtained the form used in making the entry. .If a dispute arises between counsel as to what was decided or adjudged the court is the final arbiter, and if for any reason the record fail to speak the truth, it is the duty of the court and it has power at any time to order the record changed and corrected.</p> <p>2. -Prepared by Opposing Counsel Not Official Record. The customary practice by which the opposing counsel agree upon the form which the clerk shall use in recording upon the journal a judgment, decision, or order of the court, has the advantage of preventing disputes over what the terms of the order or judgment are; but even when signed by counsel, or approved by the court, the paper itself is not the record; and there is no provision of law authorizing it to be filed among the papers. It becomes a mere form for the convenience of the clerk in making up the record.</p> <p>3. '- Same. In this case it is held that since it was not necessary that such a paper be either filed with the clerk or approved by any person, appellant lost nothing by having no opportunity to be heard when it was approved.</p> <p>4. Record op Lunacy — Refusal to Strike from Files — Not a Final Order — Not Reviewable. In the trial of an appeal from the probate court in a lunacy proceeding the refusal of the court to strike from the files a statement in lunacy certified up from the probate court is not a final order, and error can not be predicated thereon. Especially is this true, where the order refusing to strike was made long after the rendition of the judgment.</p> <p>5. Lunacy — Person A