108 Kan. 71 | Kan. | 1920
The opinion of the court was delivered by
The plaintiffs brought this action for possession of a farm and for damages for its detention. The defendants claimed the right of possession under an option to lease it for the season beginning March 1, 1918, and ending March 1, 1919. Judgment was entered for defendants on both causes of action on June 10, 1919. Plaintiffs appeal. They say the question of their right to possession for the year ending March 1, 1919, is not moot, notwithstanding the rule so often an
In Elliott v. Oil Co., 106 Kan. 248, 251, 187 Pac. 692, it was said:
“The evidence was excluded — erroneously, no doubt, but yet excluded. What was the proper course to pursue? It was to produce such proof orally or by affidavits in support of his motion, for.a new trial. (Civ. Code, §307.)”
Since the time has elapsed when a judgment for possession would be availing, and the excluded evidence as to damages is not before us, there is no necessity of determining the more abstruse questions so interestingly presented on both sides by the diligent researches of counsel.
The judgment is affirmed.