Arts v. Rocksien
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. This ease had its origin before a justice of the peace, where a judgment by default was rendered against the defendants for the possession of a farm. The defendants appeared before the justice, and moved to set aside the default. The motion was overruled. The defendants then removed the cause to the district court by writ of error.
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Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. This ease had its origin before a justice of the peace, where a judgment by default was rendered against the defendants for the possession of a farm. The defendants appeared before the justice, and moved to set aside the default. The motion was overruled. The defendants then removed the cause to the district court by writ of error. A hearing was had in the district court, and the writ was dismissed and the action of the justice of the peace sustained. Defendants appeal.
1Opinion of the CourtRothrock, C. J.
1 The action before the justice of the peace was for forcible detainer of the possession of a large farm. It appears from the record that the plaintiff had leased the farm to the defendants, and in the petition which he filed before the justice of the peace, it was charged that the defendants had forfeited their rights under the contract of lease, and were wrongfully holding possession of the land. The petition, was in proper form, and if the averments thereof were true, the plaintiff was entitled to a judgment for the possession of the property. The action was commenced before the justice of…
2Cases cited2 opinions
- Shuver v. KlinkenbergSupreme Court of Iowa · 1885
- Breen v. KuhnSupreme Court of Iowa · 1894
3Cited by1 opinion
- Loughren v. B. F. Bonniwell & Co.Supreme Court of Iowa · 1904