Dineen v. Olson
Supreme Court of Kansas
Error from Saline district court; Rollin R. Rees, judge. STATEMENT. This is an action of forcible detainer. It was commenced before a justice of the peace, and the plaintiff recovered judgment. The defendant appealed to the district court, where the plaintiff again recovered judgment, and the defendant brings the case here for review.
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Error from Saline district court; Rollin R. Rees, judge. STATEMENT. This is an action of forcible detainer. It was commenced before a justice of the peace, and the plaintiff recovered judgment. The defendant appealed to the district court, where the plaintiff again recovered judgment, and the defendant brings the case here for review. The case was tried each time upon the following agreed statement of facts: “(1) That John J. Dineen went into possession of the southeast quarter of section five (5), township sixteen (16), range five (5), Saline county, Kansas, April 14, 1900, under contract…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The plaintiff in error insists that his contract with the railroad company is not a lease, but a contract for the purchase of real estate, and that *385therefore the justice of the peace before whom the action was commenced did not have jurisdiction of the subject-matter involved therein. The claim in this respect is clearly and tersely stated in his brief, as follows :
“As to whether the above and foregoing contract is a contract of purchase or a contract of lease depends, as we believe, the correctness or incorrectness of the ruling of the…
2Cases cited6 opinions
- Conaway v. GoreSupreme Court of Kansas · 1882
- Kellogg v. LewisSupreme Court of Kansas · 1882
- McClain v. JonesSupreme Court of Kansas · 1899
- Waite v. TeetersSupreme Court of Kansas · 1887
- Gilmore v. AsburySupreme Court of Kansas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCracken v. WrightSupreme Court of Kansas · 1945
- Koerner v. Custom Components, Inc.Court of Appeals of Kansas · 1979
- McHenry v. HubbardSupreme Court of Kansas · 1943
- Dix v. BurkhardSupreme Court of Oklahoma · 1942
- Mueller v. SeilerSupreme Court of Kansas · 1944
5 more not listed; retrieve them via the Exa API.