Bollinger v. Dietrich

The opinion of the court was delivered by

Hoch, J.:

This was an action in forcible detainer to recover possession of a residence property. The, plaintiffs prevailed and the defendant appeals. Appellant’s principal contention is that the action involved.a substantial claim of title by the defendant and that therefore the court was without jurisdiction to enter judgment in the summary proceeding of forcible detainer.

The action was brought in the Court of Topeka and taken to the district court upon appeal by the defendant. In such a case the jurisdiction of the city court was the same as that of a…