Custer v. Royse

Citations

• 104 Kan. 339
• 179 P. 353
• 1919 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Evidence Should Have Been Submitted to Jury. The evidence to support 'an action in ejectment examined, and held sufficient to require its submission to a jury, and that an instructed verdict thereon was erroneous.</p> <p>2. Same — Damages — Question for Jury. The evidence to support a claim for damages incident to an alleged wrongful dispossession considered, and held sufficient against an instructed verdict.</p> <p>3. Same — Statement of Counsel — Evidence—Issues Enlarged by Consent of Parties. In an action in ejectment and for incidental damages, where counsel for plaintiff, in his opening statement to the jury, was permitted, without objection, to give an outline of the facts which he proposed to prove touching the defendant’s conversion of plaintiff’s personal property situated on the premises at and about the time defendant wrongfully dispossessed the plaintiff, and where the trial court, without objection from defendant, permitted evidence at length to be introduced to establish the plaintiff’s damages for such conversion, although the facts were not pleaded, or were insufficiently pleaded, in the petition to justify such opening statement and to warrant the introduction of such evidence, it is held that the pleadings should be construed as being broad enough to include those elements of damage, or that the issues were thus enlarged by consent of parties..</p>