Shaffer v. Austin
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On June 27, 1899, W. G. Shaffer, plaintiff in error, by a lease in writing let to one J. T. Creamer eighty acres of farming land in Wyandotte county until March 1, 1901. There was a clause in the lease stipulating that “under no circumstances shall said land be sublet to Noble F. Austin or wife.”
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On June 27, 1899, W. G. Shaffer, plaintiff in error, by a lease in writing let to one J. T. Creamer eighty acres of farming land in Wyandotte county until March 1, 1901. There was a clause in the lease stipulating that “under no circumstances shall said land be sublet to Noble F. Austin or wife.” There was a further provision that the tenant “will not make or suffer any waste thereof, nor lease, nor underlet, or permit any other person or persons to occupy the same without the consent of said party of the first…
1Opinion of the Court
*237The opinion of the court was delivered by
Smith, J. :
The nunc pro tunc order of the district court by which the original, judgment in the ejectment action was supplemented ■ by adding thereto an order for a writ of assistance in favor of Shaffer was without force and not warranted by the pleadings. The very nature of the action in which the order was made recognized the possession of Shaffer. Its sole object was to dispossess him. The latter, also, asserted his occupancy of the land through Creamer, his tenant, and for this reason he was substituted by the court for the tenant as defendant in…
2Cases cited6 opinions
- Gille v. EmmonsSupreme Court of Kansas · 1897
- State v. BradburySupreme Court of Kansas · 1903
- Goshen v. PeopleSupreme Court of Colorado · 1896
- First National Bank v. Kansas Grain Co.Supreme Court of Kansas · 1898
- Bergland v. FrawleyWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shore v. ShoreSupreme Court of Kansas · 1922
- Behymer v. Milgram Food Stores, Inc.Supreme Court of Kansas · 1940
- Lundstrum v. BransonSupreme Court of Kansas · 1914
- Knitig v. SlavenSupreme Court of Kansas · 1929