Elliott v. Winn

This case was certified to us by the Kansas City Court of Appeals, such court having concluded that it was without jurisdiction. In that we think the court was right. Before reaching the conclusion that it was without jurisdiction, that court had prepared and handed down an opinion in the case. The learned presiding judge of that court in that opinion, thus outlies the pleadings and jiidgment nisi:

“The controversy herein is over the meaning and effect of a certain covenant in a léase with reference to the payment by lessee of income taxes arising by reason of the lessor’s receipt of rent…