12 Kan. 166 | Kan. | 1873
Two questions are in this case. The action in the district court was one of replevin. The property had been delivered to the plaintiff. The verdict was for the defendants. The judgment entered was that the defendants recover their costs. At the same term, on motion of defendants, the judgment was modified so as to include a return of the property. Upon the verdict the defendants were entitled .to such a judgment. Kayser v. Bauer, 5 Kan. *211. A failure of the jury to find the value did not invalidate the verdict, or prevent a judgment for the return. Marix v. Franke, 9 Kan. *132. The court had the power upon motion to modify the judgment. Code, §§ 568, 569. The grounds for the modification are not disclosed in the motion nor the record, and we must therefore presume them sufficient. How the error in the judgment happened we are not informed, and must therefore presume it was from a mistake or omission of the clerk, which the court had power to correct by motion. Both parties appeared, and were heard by counsel on the motion. No advantage was therefore taken, and no ■error is apparent in the ruling.
The other question arises on the overruling of a motion for a new trial. The motion was on the ground that the verdict was against the evidence, and contrary to law. The whole testimony is before us. From this it appears that defendants had possession of the property at the commencement of the suit; that in or after August, 1872, they obtained it for value, from one John Wester, without notice of any prior claim. As against this, which was prima facie evi
The judgment of the district court wül be affirmed.