Stone v. Pugh

Citations

• 99 Kan. 38
• 160 P. 988

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Motion — Judgment on Pleadings and Statement — Appeal Taken Too Late. Alleged error in sustaining a motion for judgment on the pleadings and opening statement is not considered for the reason that the appeal was not perfected within six months from the rendition of the judgment.</p> <p>2. Replevin — Judgment Entry — Omissions — Correction — Presumptions of Regularity. In a replevin action a motion for judgment in defendant’s favor on the pleadings and opening statement was sustained. The stenographic notes of the proceedings recited that the court sustained the motion and directed judgment against the plaintiff for costs. The journal entry of judgment, filed the next day, and approved by the court and the parties, recited merely a judgment in favor of the defendant and against the plaintiff for costs. At a subsequent term the court sustained a motion of defendants to correct the journal entry of judgment to show a judgment in defendant’s favor for the return of the property. Held, that every presumption is in favor of the regularity of the proceedings of the trial court, and it will therefore be assumed that the only purpose for ordering the journal entry corrected was that it failed to state the judgment which the court actually rendered.</p>