Eckhardt v. Taylor

Citations

• 90 Kan. 698
• 136 P. 218
• 1913 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Attachment for Rents — Affidavit— Defective but Not Void. An affidavit for attachment which . omits the amount claimed as rent, although made under a statute requiring that to be stated, is not void, where it gives the total amount of the plaintiff’s demand, and a pleading on file shows how much of it is for rent.</p> <p>2. Landlord — Has Lien on Crops for Rent — Also May Have General Attachment. The landlord and tenant act gives a lien for rent, which may be enforced by attachment, to be levied only on the crop. But it also authorizes a general attachment for rent whenever certain acts are done by the tenant, and this may be levied upon any nonexempt property.</p> <p>3. Lease — Agreement to Repair Fences — Not Modified by Local Custom. An agreement in a lease that the tenant is to keep in repair the fences surrounding the premises is not Subject to modification by evidence of a local custom for persons handling cattle to make repairs in the fences inclosing them.</p>