Garvin v. Jennerson
Supreme Court of Kansas
Error from, Saline District Court. Action by Garvin, to recover for the use and occupation of certain premises. Jennerson, defendant, admitted in his answer that he used and occupied the premises from the 7th of September 1868 until the 11th of June 1869, but alleged as a defense that he so occupied said premises in pursuance' of an agreement of bargain and sale of the premises, which agreement Garvin had failed on his part to perform, whereby his (Jennerson’s) supposed…
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Error from, Saline District Court. Action by Garvin, to recover for the use and occupation of certain premises. Jennerson, defendant, admitted in his answer that he used and occupied the premises from the 7th of September 1868 until the 11th of June 1869, but alleged as a defense that he so occupied said premises in pursuance' of an agreement of bargain and sale of the premises, which agreement Garvin had failed on his part to perform, whereby his (Jennerson’s) supposed title had failed. Trial at November Term 1875, F. A.W., judge pro tem., presiding. Judgment in favor of defendant, and…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The record is challenged by the defendant in error, on the ground that the case-made does not bear the signature of the district judge of the Fourteenth Judicial District, and because said case-made was not settled and signed in the presence of the' parties. These objections are futile. The case-made recites that the trial and proceedings were had before Hon. F. A. Wildman, as judge pro tem. in the case; and such case-made is duly signed by such judge pro tem. No exceptions or objections appear in the record against said Wildman acting as…
2Cases cited9 opinions
- O'Connor v. TownsTexas Supreme Court · 1846
- M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
- Walsh v. BoyleCourt of Appeals of Maryland · 1869
- Hunter's Adm'r v. Ferguson's Adm'rSupreme Court of Kansas · 1874
- Weeks v. MedlerSupreme Court of Kansas · 1877
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3Cited by13 opinions
- United States v. 16,000 Acres of Land, More or LessDistrict Court, D. Kansas · 1942
- Howbert v. HeyleSupreme Court of Kansas · 1891
- Swearingen v. HowserSupreme Court of Kansas · 1887
- Northrop v. CooperSupreme Court of Kansas · 1880
- State Ex Rel. St. George v. Justice CourtMontana Supreme Court · 1927
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