Jennerson v. Garvin
Supreme Court of Kansas
Error from, Saline District Court. Garvin brought suit before a justice of the peace to recover for the use and occupation of a dwelling-house. Defendant, Jennerson, answered, making a general denial, and procured several continuances, covering in the aggregate some seventy-nine days from the return of the summons. He then consented to a further continuance for twenty-seven days, at which time he procured the action to be dismissed for want of jurisdiction.
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Error from, Saline District Court. Garvin brought suit before a justice of the peace to recover for the use and occupation of a dwelling-house. Defendant, Jennerson, answered, making a general denial, and procured several continuances, covering in the aggregate some seventy-nine days from the return of the summons. He then consented to a further continuance for twenty-seven days, at which time he procured the action to be dismissed for want of jurisdiction. On error to the district court the judgment of the justice was reversed, and the cause held for trial as upon appeal. Defendant Jennerson…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This action was commenced before a justice of the peace on the 18th day of August, 1869, and was set for trial on the 23d of that month. On this last day the defendant (plaintiff in error,) applied for a continuance, which was granted, and the cause continued to the 22d of September. On that day he applied for and obtained a change of venue, and when the case was called for hearing on the 24th of September, by the justice to whom the cause had been transferred by the' change of venue, the defendant again moved for a further continuance…
2Cited by4 opinions
- Hobbs v. the German-American DoctorsSupreme Court of Oklahoma · 1904
- Fischer v. CooleyNebraska Supreme Court · 1893
- Troy v. RodgersMichigan Supreme Court · 1910
- Devinney v. MannSupreme Court of Kansas · 1881