McCandliss v. Kelsey
Supreme Court of Kansas
Error from Lyon District Court. Action by McCandliss to compel Kelsey to “specifically carry out and perform his part of a certain agreement made and entered into by and between said plaintiff, and said defendant, in this, that said defendant grant by proper instrument to plaintiff, his heirs and assigns forever, the free use and enjoyment of the right-of-way in,-to, over, and about the landing-place, stairway, and entrance in defendant’s building situate on part of lot 175,…
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Error from Lyon District Court. Action by McCandliss to compel Kelsey to “specifically carry out and perform his part of a certain agreement made and entered into by and between said plaintiff, and said defendant, in this, that said defendant grant by proper instrument to plaintiff, his heirs and assigns forever, the free use and enjoyment of the right-of-way in,-to, over, and about the landing-place, stairway, and entrance in defendant’s building situate on part of lot 175, on Commercial street, in the city of Emporia; and that pending this action, said defendant, and all persons claiming…
1Opinion of the Court
*558The opinion of the court was delivered by
Brewer, J.:
Counsel for plaintiff in error present two questions for the consideration of this court. They insist that the district court erred in that it did not find specifically upon all the issues presented by the pleadings, and that therefore they are entitled to a reversal; and second, that one finding which was made, and which was of vital importance, was not direct, definite and positive. Of these in their order., The case was tried by the court without a jury, and special findings were demanded. In such a case, is it the duty of the court to…
2Cited by6 opinions
- Briggs v. EgganSupreme Court of Kansas · 1877
- Nordman v. JohnsonSupreme Court of Kansas · 1915
- Mitchell v. InsleySupreme Court of Kansas · 1885
- Atchison, Topeka & Santa Fé Railroad v. FerrySupreme Court of Kansas · 1882
- Haymaker v. AlfordSupreme Court of Kansas · 1921
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