State v. Bradbury

Citations

• 67 Kan. 808
• 74 P. 231
• 1903 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Bill of Exceptions. When it appears from an order made under the provisions of section 4753, General Statutes of 1901, extending the time to sign and settle a bill of exceptions, that the extension was made to a day certain, and the bill of exceptions was settled and allowed on such day, it is sufficient.</p> <p>2. Assault and Battery — Use of Force in Taking Possession of Beal Estate. One entitled to the immediate possession of real estate may, if he can, take peaceable possession; but in taking possession from one actually, though wrongfully, in possession, he cannot assault, beat and drive such occupant from the premises, and justify his offense against the law upon the ground that he was legally entitled to the possession of the premises and used no more force than was necessary to regain possession and drive the occupant off.</p>