Shaffer v. Austin

Citations

• 68 Kan. 234
• 74 P. 1118
• 1904 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment— Writ 'of Assistance. In an action of ejectment the possession of the defendant through a tenant was confessed. A judgment was entered in his favor. Held, that the allowance of a writ of assistance to put defendant in possession was-beyond the issues in the case, and void.</p> <p>2. Assault and Battery— Only Nominal Damages Recoverable. A tenant sublet to another in violation of the conditions of the lease. A guest of the latter was dispossessed by the owner without legal process, and in so doiDg the landlord’s agent took the visitor by the arm and led him off the premises, causing him no physical hurt. In an action for assault and battery and wrongful ejectment, brought by the guest of the subtenant against the landlord, held, that he could recover no more than nominal damages.</p>