Hart v. Hart
Hart v. Hart
Opinion of the Court
The opinion of the court was delivered by
This proceeding involves the validity of an order of the court correcting an entry of judgment. On September 17, 1914, Anna M. Hart brought this action against Millard M. Hart, her husband, to secure a divorce, and the
The final judgment does not purport to amend the judgment that was rendered, but merely to make the entry speak the truth. It is conclusively settled that the court may at any time correct a judgment entry so that it will conform to the judgment that was actually rendered. (The State v. Linderholm, 90 Kan. 489, 135 Pac. 564, and cases cited.) The amendment may be made upon any satisfactory evidence, parol as well as written. Although there are decisions in other courts to the contrary, it has been determined here that a correction of the judgment may be based on the knowledge and recollection of the judge as to the facts which occurred at the trial, and of the findings and orders that were then made. (Christisen v. Bartlett, 73 Kan. 401, 84 Pac. 530.) Here the district judge has determined that the entry originally made did not express the judgment that was actually rendered by him, but
The judgment is affirmed.
Reference
- Full Case Name
- Anna M. Hart v. Millard M. Hart
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Judgment Entry — Corrected to Speak the Truth — Knowledge and Recollection of Judge Competent. On a motion to correct the entry of a judgment so that it should speak the truth, where it was found upon disputed evidence that the judgment as originally entered did not correspond with the judgment actually rendered, the finding, which was based in part on the knowledge and recollection of the judge as to the true judgment rendered, must be upheld on appeal.