Wyandotte State Bank v. Murray

Citations

• 84 Kan. 524
• 114 P. 847
• 1911 Kan. LEXIS 364

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. District Court — Separate Divisions — Jurisdiction. Chapter 112 of the Laws of 1909 provides that in case of sickness or absence or disqualification of the judge of any division of the district court the judge of either of the other divisions may hold court in place of such absent or disqualified judge, and do and perform any act or duty pertaining to such division. A foreclosure was had in division No. 1 and motions to confirm and set aside the sale were filed in division No. 2, the' judge of division No. 1 being absent from the state. The judge of division No. 2 granted the motion to confirm and denied the motions to set aside. Thereafter application was made to the judge of division No. 1, upon his return to the state, to set these orders aside, which he did before the expiration of the term during which they had been made. At the succeeding term the judge of division No. 1 set the sale aside. All the parties were present in person or by counsel, or both, in division No. 2 when the orders were there made, and these-orders were set aside in division No. 1 upon the same evidence. Held, that as to the sole question of jurisdiction, the judge of each division had authority to rule as he did.</p> <p>2. - Propriety of Judge of One Division Reviewing Orders of Judge of Another Division. It is essential to the harmonious and orderly administration of justice in courts consisting of two or more divisions, under the act referred to, that care be used to preserve proper respect and deference between the judges, and that they refrain from reviewing or reversing one another’s orders or proceedings unless for some good reason.</p> <p>3. Judicial Sales — Confirmation—Judicial Discretion. Under' section 500 of the code, requiring the court to confirm a sale if it finds the proceedings regular and in conformity with law and equity, the trial court has substantially the discretion of a chancellor in a suit in equity, and may, although the procee