Chandler v. McGinning
Court of Appeals of Kansas
Error from Rooks district court; Charles W. Smith, judge. STATEMENT. Plaintiff in error, who was plaintiff below, sought to recover from the defendants in error the possession of real estate in an action of forcible entry and detainer in a justice’s court, where the plaintiff had judgment. The defendants appealed to the district court, where a trial was had to a jury, and a demurrer to the evidence interposed by the defendants was sustained.
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Error from Rooks district court; Charles W. Smith, judge. STATEMENT. Plaintiff in error, who was plaintiff below, sought to recover from the defendants in error the possession of real estate in an action of forcible entry and detainer in a justice’s court, where the plaintiff had judgment. The defendants appealed to the district court, where a trial was had to a jury, and a demurrer to the evidence interposed by the defendants was sustained. The allegations of the complaint are that the defendants entered upon the premises as tenants of the plaintiff ; that their term expired on the 1st day…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J.:
Under his first assignment of error, the plaintiff has not complied with the rule of this *423court in setting out the evidence rejected by the court below, nor is any mention made of such evidence in the argument contained in the brief. We will not give it any consideration.
Under the second assignment of error, plaintiff contends that there was sufficient evidence to go to the jury upon the contention that there was a forfeiture and determination of the lease by a reentry for nonpayment of rent. It is well settled that no forfeiture can be…
2Cases cited1 opinion
- Kellogg v. LewisSupreme Court of Kansas · 1882
3Cited by5 opinions
- Miller v. Albany Lodge No. 206Court of Appeals of Kentucky · 1916
- Hall v. WillmeringCourt of Appeals of Texas · 1919
- Welch v. ChurchSupreme Court of Oklahoma · 1916
- Black v. McLendonSupreme Court of Oklahoma · 1957
- Hall v. WillmeringCourt of Appeals of Texas · 1919