Doty v. Cone

The opinion of the court was delivered by

Smith, J.:

This action of forcible entry and detainer was brought by the appellant to recover possession of a certain part of a block in Garden City. It is *2contended that the appeal should be dismissed for the reason that judgment was given before the justice of the peace, in favor of the plaintiff against the defendant, by consent. The day the case was set for hearing the defendant made a proper application for a continuance for eight days, which he was entitled to without bond. The justice, however, continued the case for a longer time and required…