City of Leavenworth v. Pennington

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment overruling a belated motion by defendant Pennington for a new trial in an action in ejectment and for possession of two town lots in the city of Leavenworth.

Consolidated with this action was another between Bolman, a lumber dealer, and this same Pennington, to enforce a lien for certain materials purchased by Pennington to improve the town lots in dispute.

Judgment in favor of the plaintiff, the city of Leavenworth, was entered against Bolman and Pennington, on July 20, 1935; but Bolman was awarded a lien…