Gunter v. Eiznhamer

The opinion of the court was delivered by

Wedell, J.:

Plaintiff instituted a forcible detainer action in the Clay county court to obtain possession of the premises involved. Plaintiff prevailed and defendant appealed to the district court. *511The latter court rendered judgment restoring possession of the premises to plaintiff and taxed the costs of the action to defendant, From that judgment the defendant appeals.

The bill of particulars in the county court, insofar as now material, in substance, alleged:

Plaintiff was the owner of the premises which by oral agreement defendant entered and used as a…