Harris v. Christy

The opinion of the court was delivered by

Wedell, J.:

This is a forcible entry and detainer action. The plaintiff prevailed and the defendants have appealed.

The principal question presented is one of jurisdiction. The action was brought in the city court of Wichita where the trial resulted in favor of the plaintiff. The defendants appealed. It appears they thereafter discovered a summons had been issued in the case in violation of G. S. 1935, 61-1305, which forbids the issuance thereof prior to the filing of a verified complaint. They filed a demurrer in the district court pursuant to G. S.…