Kykendall v. Clinton
Supreme Court of Kansas
Error from Shawnee County. The affidavit on -which the proceeding in the justice court was founded, showed “ that the said Mary A. Clinton on the 8th day of May A. D. 1863, was in the lawful and rightful possession of, as her own property, the following described premises, to-wit: her hotel commonly called the Clinton House in Indianola, Shawnee county, together with all the rooms, houses, garden, lots, &c., used in connection with the same, and afterwards to-wit: on the…
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Error from Shawnee County. The affidavit on -which the proceeding in the justice court was founded, showed “ that the said Mary A. Clinton on the 8th day of May A. D. 1863, was in the lawful and rightful possession of, as her own property, the following described premises, to-wit: her hotel commonly called the Clinton House in Indianola, Shawnee county, together with all the rooms, houses, garden, lots, &c., used in connection with the same, and afterwards to-wit: on the same day the said James M. Kykendall with force and arms did unlawfully and forcibly enter into said premises, and her, the…
1Opinion of the Court
By the Court,
Kingman, J.
This cause having been taken up from the decision of a justice’s court on error to the District Court, and having been there affirmed, presents itself to this court as seeking only to review the decision of the District Court.
The record shows no ruling of the justice, and no exceptions are filed except to the overruling the motion for a new trial.
The motion for a new trial was on the ground that the decision was obtained by fraud, partiality and undue means, and seems to have been supported by affidavits, but as they are not in the record we are not able to say that…
2Cited by5 opinions
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- Lee v. LoveridgeSupreme Court of Kansas · 1873
- State v. ThomasSupreme Court of Kansas · 1912