Parker v. Gibson

Citations

• 78 Kan. 90
• 96 P. 35
• 1908 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Appeal from Justice of the Peace — Defective Bond. Where an undertaking on appeal from the judgment of a justice of the peace in forcible entry and detainer, defective because of the omission of the words “from the date of the undertaking until the delivery of the property” (Justice’s Civ. Code, § 132a), was accepted and approved by the justice, and the transcript on appeal was certified to, and filed in, the district court, jurisdiction of the action was conferred upon that court to take all proper prQceedings therein.</p> <p>2. Practice, District Court — Leave to File Sufficient Bond. The seasonable application of the appellant for leave to file a good and sufficient undertaking duly tendered in court ought to be allowed.</p> <p>3. - Dismissal — Appeal Bond. It is error to dismiss the appeal for want of jurisdiction after such application has been made and such undertaking tendered.</p>