Curd v. Farrar
Supreme Court of Iowa
Appeal from Scott Circuit Court. Action for au injunction to restrain the issuance and execution of an order of removal in pursuance of a judgment in an action of forcible entry and detainer.
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Appeal from Scott Circuit Court. Action for au injunction to restrain the issuance and execution of an order of removal in pursuance of a judgment in an action of forcible entry and detainer. The plaintiffs show, in tlieir petition, that they were lessees of the defendants, Farrar & Wheeler; that before the expiration of their lease Farrar & Wheeler obtained a judgment against them in an action of forcible entry and detainer; that the plaintiffs were about to be removed from the premises unless the defendants should be enjoined; that in case they should be removed they would sustain…
1Opinion of the CourtAdams, J.
1. fokgiblk tainen'equftñolf: íaudiord and tenant, I. Whether a defendant in an action of forcible entry and detainer, against whom judgment is rendered and w^° has taken an appeal from the judgment, is entitled to an injunction to restrain the issuance an(t execution of an order of removal during the pendency of the appeal, upon a showing that he will sustain irreparable injury if such order is executed, we need not determine. No appeal appears to have been taken in this case. The appellees state merely that they propose to appeal within the time allowed by law. We think that the issuance…
2Cited by2 opinions
- Allen v. AllenSupreme Court of Georgia · 1922
- Bell v. WestbrookDistrict of Columbia Court of Appeals · 1946