Dixon v. Caster
Supreme Court of Kansas
Error from Geary district court; O. L. Moore, judge. STATEMENT. J. U. G. Caster commenced an action in the district court of Geary county against Thomas Dixon, jr.,. to recover for instalments of rent claimed to be due him on a written lease for two years of real and personal property.
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Error from Geary district court; O. L. Moore, judge. STATEMENT. J. U. G. Caster commenced an action in the district court of Geary county against Thomas Dixon, jr.,. to recover for instalments of rent claimed to be due him on a written lease for two years of real and personal property. The lease described a part of the personal property as “one ten-horse-power Gem No. 2 automatic engine, one twelve-horse-power water-tube boiler,” and described the real estate as lot number two in block number eleven of Callen’s addition to the city of Junction City, Kan., together with the laundry plant…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J. :
The reply was not vulnerable to either the motion or demurrer. .The copies of the pleadings, findings and judgment in the first suit disclosed precisely what facts were there litigated, how they were adjudicated, and against whom the decision ran. Any statement the pleader might have made could not illumine them or add anything to the information they imparted. Both the motion and the demurrer were properly overruled.
The misdescription of the real estate did not destroy the sameness of the property or of the lease involved in the two suits.…
2Cases cited2 opinions
- McEntire v. WilliamsonSupreme Court of Kansas · 1901
- Mumper v. KelleySupreme Court of Kansas · 1890
3Cited by5 opinions
- Smith v. RussSupreme Court of Kansas · 1959
- Neville v. HennighSupreme Court of Kansas · 1974
- McDonald v. Joint Rural High School District No. 9Supreme Court of Kansas · 1957
- Winkler v. KorzuszkiewiczSupreme Court of Kansas · 1925
- W. C. Belcher Land-Mortgage Co. v. NorrisCourt of Appeals of Texas · 1903