Douglass v. Easter
Supreme Court of Kansas
Error from Leavenworth District Court. The opinion states the case. Trial at the April Term, 1883. After the plaintiff Douglass' had introduced his evidence, and the defendants, Henry Easter and Oscar Harris, their evidence, the court discharged the jury and dismissed the case because the title to real estate was in dispute, and held that as a justice of the peace cannot try title to real estate, the case cannot be tried in the district court on appeal.
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Error from Leavenworth District Court. The opinion states the case. Trial at the April Term, 1883. After the plaintiff Douglass' had introduced his evidence, and the defendants, Henry Easter and Oscar Harris, their evidence, the court discharged the jury and dismissed the case because the title to real estate was in dispute, and held that as a justice of the peace cannot try title to real estate, the case cannot be tried in the district court on appeal. The plaintiff brings the cause to this court.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This action was commenced by the plaintiff against the defendants before a justice of the peace of Leavenworth city, to recover one hundred dollars damages for the malicious breaking into and taking possession of a house which the plaintiff, in his bill of particulars, averred was at the time of the alleged trespass in his actual possession. The plaintiff had judgment before the justice, and the case was appealed to the district court by the defendants. After the plaintiff’s and defendants’ evidence was introduced upon the trial, the…
2Cases cited2 opinions
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
3Cited by7 opinions
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- Johnson v. EricksonNorth Dakota Supreme Court · 1905
- Lyman v. StantonSupreme Court of Kansas · 1888
- Wood Garage v. JasperNew Mexico Supreme Court · 1937
- Hamilton v. CanfieldWest Virginia Supreme Court · 1912
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