United Zinc & Chemical Co. v. Morrison

Citations

• 76 Kan. 799
• 92 P. 1114
• 1907 Kan. LEXIS 330

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Change of Venue — Nunc Pro Tune Entry Correcting the Record. Where an .execution upon a judgment in the district court is enjoined by a restraining order issued in the same action, and pending a motion to dissolve the restraining order the cause and all the proceedings are transferred by a change of venue to the district court of another county, on account of the disqualification of the regular judge, the court to which the cause is transferred has authority upon satisfactory proof to direct that a clerical omission in the entry of judgment be corrected.</p> <p>2. -Evidence Sufficient to Authorize Correction of the Record. The proof upon which the court ordered the record of the judgment corrected consisted of certified copies of the journal entry of the trial, of the judgment docket showing an abstract of the judgment entered by the clerk, and of the memoranda of the trial from the judge’s trial docket. These were all competent, and furnished satisfactory evidence upon which to base the order.</p>